The States of Guernsey & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2016] EWHC 1847 (Admin) (22 July 2016)

The States of Guernsey & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2016] EWHC 1847 (Admin) (22 July 2016)

The court held that the suspension of the FMA and reciprocal licences was non-justiciable as it arose from a non-binding, high-level political agreement between governments, analogous to treaty-making, and thus outside the court's institutional competence. No enforceable rights under Article 1 Protocol 1 ECHR were found to be engaged in the circumstances. The decisions were not irrational given the policy context and the breakdown in cooperation over quota management.

Citation
[2016] EWHC 1847 (Admin)
Parties
Claimant: The States of Guernsey; Claimant: Stephen Fallaize; First Defendant: Secretary of State for Environment, Food and Rural Affairs; Second Defendant: Marine Management Organisation
Jurisdiction
England and Wales
Judgment Date
22 July 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Justiciability, Prerogative Powers, Fisheries Management, Licensing, Article 1 Protocol 1 ECHR, Common Fisheries Policy, Crown Dependencies
Public Law Constitutional Law European Law Human Rights Justiciability Prerogative Powers Fisheries Management Licensing +3 more

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Parties

The States of Guernsey

Claimant

Stephen Fallaize

Claimant

Secretary of State for Environment, Food and Rural Affairs

First Defendant

Marine Management Organisation

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the suspension of the Fisheries Management Agreement (FMA) and reciprocal licences by Defra and MMO was justiciable.
  2. 2 Whether the decisions were irrational or in breach of Article 1 Protocol 1 (A1P1) ECHR rights.

Ratio Decidendi

The court held that the suspension of the FMA and reciprocal licences was non-justiciable as it arose from a non-binding, high-level political agreement between governments, analogous to treaty-making, and thus outside the court's institutional competence. No enforceable rights under Article 1 Protocol 1 ECHR were found to be engaged in the circumstances. The decisions were not irrational given the policy context and the breakdown in cooperation over quota management.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is refused.
  • No relief is granted to the Claimants.