Morgan & Anor v Hinton Organics (Wessex) Ltd & Ors

Morgan & Anor v Hinton Organics (Wessex) Ltd & Ors

The application raises a sufficiently compelling issue of general importance about the Aarhus Convention's relevance to costs discretion, justifying adjournment for further submissions and notice to respondents and the Government Department.

Parties
Appellants: Morgan & Anr; Respondents: Hinton Organics (Wessex) Limited & Ors
Jurisdiction
England and Wales
Judgment Date
22 May 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal; Adjourned for Further Submissions
Outcome
Application adjourned for further submissions and notice to respondents and DEFRA; appeal to follow if permission granted.
Legal Topics
Costs Discretion, Aarhus Convention, Access to Environmental Justice
Environmental Law Civil Procedure Costs Discretion Aarhus Convention Access to Environmental Justice

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Parties

Morgan & Anr

Appellants

Hinton Organics (Wessex) Limited & Ors

Respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal; Adjourned for Further Submissions

Legal Issues

  1. 1 Relevance of the Aarhus Convention in judicial discretion on costs
  2. 2 Whether the issue can be raised on appeal despite not being raised before the trial judge

Ratio Decidendi

The application raises a sufficiently compelling issue of general importance about the Aarhus Convention's relevance to costs discretion, justifying adjournment for further submissions and notice to respondents and the Government Department.

Court Disposition

Application adjourned for further submissions and notice to respondents and DEFRA; appeal to follow if permission granted.

Orders

  • Adjourn application to open court with notice to respondents.
  • Serve notice of appeal and supporting documents on DEFRA and invite written submissions.