Eaton v Natural England & Anor

Eaton v Natural England & Anor

There is no serious issue to be tried as the evidence does not support the inevitability or likelihood of criminal offences being committed by the construction or operation of the windfarm. The claim is procedurally and substantively flawed, and the applicant has no locus to seek an injunction to prevent criminal offences. The balance of convenience overwhelmingly favours refusing the injunction, and there is no basis for a Protective Costs Order.

Parties
Claimant/applicant: Kathleen Eaton; Defendant: Natural England; Interested Party/respondent: RWE Npower Renewables Limited
Jurisdiction
England and Wales
Judgment Date
23 August 2012
Procedural Posture
Judicial Review / Interim Application for Injunction and Permission
Outcome
Application dismissed; permission refused
Legal Topics
Wildlife Protection, Habitats Directive, Judicial Review Procedure, Interim Injunctions, Protective Costs Orders
Environmental Law Administrative Law Planning Law Wildlife Protection Habitats Directive Judicial Review Procedure Interim Injunctions Protective Costs Orders

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Parties

Kathleen Eaton

Claimant/applicant

Natural England

Defendant

RWE Npower Renewables Limited

Interested Party/respondent

Procedural Posture

Judicial Review / Interim Application for Injunction and Permission

Legal Issues

  1. 1 Whether the construction and operation of the windfarm would inevitably or likely result in criminal offences under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010
  2. 2 Whether Natural England acted unlawfully in not seeking an injunction or requiring a licence application
  3. 3 Whether the court should grant interim injunctive relief against RWE Npower Renewables Limited

Ratio Decidendi

There is no serious issue to be tried as the evidence does not support the inevitability or likelihood of criminal offences being committed by the construction or operation of the windfarm. The claim is procedurally and substantively flawed, and the applicant has no locus to seek an injunction to prevent criminal offences. The balance of convenience overwhelmingly favours refusing the injunction, and there is no basis for a Protective Costs Order.

Court Disposition

Application dismissed; permission refused

Orders

  • Injunction Application dismissed
  • Application for Protective Costs Order dismissed