Bruton, R (on the application of) v Attorney General to the Prince of Wales & Ors

Bruton, R (on the application of) v Attorney General to the Prince of Wales & Ors

Permission to proceed against the Duchy (first Defendant) is refused due to substantial and unexplained delay by the Claimant in challenging the 2005 licence; permission is granted against Natural England (second Defendant) on the narrow ground that there is an arguable case that the appropriate assessment did not adequately consider the risk of spawning by triploid oysters.

Parties
Claimant: Michael Bruton; First Defendant: Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cornwall); Second Defendant: Natural England; Interested Party: Environment Agency; Interested Party: Marine and Fisheries Agency; Interested Party: DEFRA; Interested Party: Duchy of Cornwall Oyster Farm Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2009
Procedural Posture
Judicial Review / Permission Hearing (application for Permission to Apply for Judicial Review)
Outcome
Permission to apply for judicial review refused against the first Defendant (Duchy); permission granted against the second Defendant (Natural England) on a limited ground; costs order made against Claimant in favour of first Defendant; protective costs order made capping Claimant's liability to second Defendant.
Legal Topics
Habitats Directive Compliance, Appropriate Assessment, Judicial Review Procedure, Protective Costs Orders, Delay in Judicial Review, Competent Authority Definition
Environmental Law Administrative Law European Union Law Habitats Directive Compliance Appropriate Assessment Judicial Review Procedure Protective Costs Orders Delay in Judicial Review +1 more

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Parties

Michael Bruton

Claimant

Attorney General to the Prince of Wales (sued as Attorney General to the Duke and Duchy of Cornwall)

First Defendant

Natural England

Second Defendant

Environment Agency

Interested Party

Marine and Fisheries Agency

Interested Party

DEFRA

Interested Party

Duchy of Cornwall Oyster Farm Limited

Interested Party

Procedural Posture

Judicial Review / Permission Hearing (application for Permission to Apply for Judicial Review)

Legal Issues

  1. 1 Whether the Duchy owed a duty to carry out an appropriate assessment under the Habitats Directive and implementing regulations before granting a licence for an oyster farm
  2. 2 Whether Natural England carried out an appropriate assessment as required
  3. 3 Whether delay bars the claim against the Duchy

Ratio Decidendi

Permission to proceed against the Duchy (first Defendant) is refused due to substantial and unexplained delay by the Claimant in challenging the 2005 licence; permission is granted against Natural England (second Defendant) on the narrow ground that there is an arguable case that the appropriate assessment did not adequately consider the risk of spawning by triploid oysters.

Court Disposition

Permission to apply for judicial review refused against the first Defendant (Duchy); permission granted against the second Defendant (Natural England) on a limited ground; costs order made against Claimant in favour of first Defendant; protective costs order made capping Claimant's liability to second Defendant.

Orders

  • Permission to proceed against the first Defendant refused.
  • Permission to proceed against the second Defendant granted on the issue of adequacy of appropriate assessment regarding triploid oysters.