Countryside Alliance & Ors, R (on the application of) v HM Attorney General & Anor

Countryside Alliance & Ors, R (on the application of) v HM Attorney General & Anor

The appeals were dismissed as the court found the law clear on justification and determined the national court was the appropriate forum for assessment. Permission to appeal to the House of Lords was refused as no arguable point of law of general public importance was identified.

Parties
Claimants/appellants: The Queen on the Application of the Countryside Alliance & Ors; Defendants/respondent: HM Attorney General & Anr
Jurisdiction
England and Wales
Judgment Date
23 June 2006
Procedural Posture
Civil Appeal / Judgment on Appeal and Applications for Permission to Appeal
Outcome
Appeals dismissed; applications for permission to appeal refused; some applications for permission to rely on further evidence granted.
Legal Topics
Appeal, Costs, Permission to Appeal, Justification Under Human Rights, Jurisdiction of National Courts
Constitutional Law Human Rights Law European Community Law Appeal Costs Permission to Appeal Justification Under Human Rights Jurisdiction of National Courts

Case Brief

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Parties

The Queen on the Application of the Countryside Alliance & Ors

Claimants/appellants

HM Attorney General & Anr

Defendants/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Applications for Permission to Appeal

Legal Issues

  1. 1 Whether the appeals by the Human Rights appellants and European Community appellants should be allowed
  2. 2 Whether permission to appeal to the House of Lords should be granted
  3. 3 Whether applications to rely on further evidence should be granted

Ratio Decidendi

The appeals were dismissed as the court found the law clear on justification and determined the national court was the appropriate forum for assessment. Permission to appeal to the House of Lords was refused as no arguable point of law of general public importance was identified.

Court Disposition

Appeals dismissed; applications for permission to appeal refused; some applications for permission to rely on further evidence granted.

Orders

  • C1/2005/2071 – Appeal dismissed.
  • C1/2005/2072 – Appeal dismissed.