Source: All England Reporter
Publisher Citation: [2012] All ER (D) 172 (Aug)
Neutral Citation: [2012] EWHC 2401 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Judge Waksman QC (Sitting as a Judge of the High Court)

Representation Susan Ring (solicitor advocate) of Richard Buxton for the claimant.
  Jeremy Pike (instructed by Legal Department, Natural England) for Natural England.
  Craig Howell Williams QC (instructed by Eversheds LLP) for RWE.
Judgment Dates: 23 August 2012


Environment - Protection - Wildlife - Claimant issuing judicial review proceedings against defendant for failing to seek injunction to prevent commission of offences against wildlife - Claimant subsequently seeking interim injunction against interested party to prevent construction of wind farm to prevent harm to such wildlife - Defendant and interested party contending no serious issue to be tried as judicial review proceedings really private law dispute - Defendant and interested party seeking determination on permission for judicial review - Whether serious issue to be tried - Whether permission to bring judicial review proceedings should be granted.

The Case

Environment Protection. The claimant sought an interim injunction restraining the interested party (RWE) from continuing to build a wind farm. The injunction was sought in the course of judicial review proceedings against Natural England for failing to prevent RWE from committing offences under of the Wildlife and Countryside Act 1981. The Administrative Court, in refusing the injunction, held that there was no serious issue to be tried, as the issue was really a private law dispute between the claimant and RWE. On that basis, it further refused the claimant permission to bring the judicial review proceedings.

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