Clarke & Ors, R (On the Application Of) v Holliday [2019] EWHC 3596 (Admin) (24 December 2019)

Clarke & Ors, R (On the Application Of) v Holliday [2019] EWHC 3596 (Admin) (24 December 2019)

The chairman did not unlawfully delegate decision-making; the process was within the Terms of Reference and natural justice was observed. Disclosure complaints were premature as claimants had not engaged with the representations process. Confidentiality restrictions were lawful and not unfair. No breach of Article 8 ECHR was established.

Citation
[2019] EWHC 3596 (Admin)
Parties
Applicant/claimant: John Clarke; Applicant/claimant: Stephen Henwood; Applicant/claimant: Robert Higgins; Applicant/claimant: Graeme Rankin; Applicant/claimant: Sean Balmer; Respondent/defendant: Steven Holliday (Chairman of the Magnox Public Inquiry); Interested Party: Secretary of State for Business, Energy and Industrial Strategy; Interested Party: Nuclear Decommissioning Authority; Interested Party: Burges Salmon LLP (Solicitors)
Jurisdiction
England and Wales
Judgment Date
24 December 2019
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Permission granted on ground 1 only; claim dismissed on all grounds.
Legal Topics
Judicial Review, Non Statutory Inquiry, Natural Justice, Disclosure, Confidentiality, Article 8 ECHR
Public Law Administrative Law Judicial Review Non Statutory Inquiry Natural Justice Disclosure Confidentiality Article 8 ECHR

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Parties

John Clarke

Applicant/claimant

Stephen Henwood

Applicant/claimant

Robert Higgins

Applicant/claimant

Graeme Rankin

Applicant/claimant

Sean Balmer

Applicant/claimant

Steven Holliday (Chairman of the Magnox Public Inquiry)

Respondent/defendant

Secretary of State for Business, Energy and Industrial Strategy

Interested Party

Nuclear Decommissioning Authority

Interested Party

Burges Salmon LLP (Solicitors)

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether the chairman of a non-statutory public inquiry unlawfully delegated decision-making functions to staff
  2. 2 Whether there was a failure to disclose exculpatory material to persons subject to criticism
  3. 3 Whether restrictions on information-sharing between claimants and their lawyers at the representations stage were unlawful or unfair

Ratio Decidendi

The chairman did not unlawfully delegate decision-making; the process was within the Terms of Reference and natural justice was observed. Disclosure complaints were premature as claimants had not engaged with the representations process. Confidentiality restrictions were lawful and not unfair. No breach of Article 8 ECHR was established.

Court Disposition

Permission granted on ground 1 only; claim dismissed on all grounds.

Orders

  • Permission to apply for judicial review granted on ground 1 (unlawful delegation) only.
  • Claim dismissed on all grounds after substantive consideration.