National Farmers Union of England and Wales, R (on the application of) v Welsh Ministers

National Farmers Union of England and Wales, R (on the application of) v Welsh Ministers

The claimant failed to establish a clear, unambiguous, and unqualified legitimate expectation regarding derogation; the Defendant considered all relevant matters, including economic and environmental impacts, transitional periods, planning permission, tenant farmers, and Brexit; factual statements were based on...

Source-derived case information.

Parties
Claimant: The Queen on the application of National Farmers’ Union of England and Wales; Defendant: Welsh Ministers; Interested Party: Natural Resources Wales
Jurisdiction
England and Wales
Judgment Date
23 March 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Legitimate Expectation, Wednesbury Unreasonableness, Well Being of Future Generations Act, Nitrates Directive, Regulatory Impact Assessment, Transitional Provisions, Welsh Language
Administrative Law Environmental Law Public Law Judicial Review Legitimate Expectation Wednesbury Unreasonableness Well Being of Future Generations Act Nitrates Directive +3 more

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Summary, issues, holding and outcome

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Parties

The Queen on the application of National Farmers’ Union of England and Wales

Claimant

Welsh Ministers

Defendant

Natural Resources Wales

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claimant had a substantive legitimate expectation that a derogation would be included in the Regulations as made and, if so, whether it was breached.
  2. 2 Whether the Defendant relied on factual material which was based on a view of the evidence that could not reasonably be entertained and whether any of the statements made by the Minister were factually inaccurate and, if so, whether that matters in the circumstances.
  3. 3 Whether the Defendant failed to analyse the matters which the Claimant says were not considered and, if so, if that matters in the circumstances.

Ratio Decidendi

The claimant failed to establish a clear, unambiguous, and unqualified legitimate expectation regarding derogation; the Defendant considered all relevant matters, including economic and environmental impacts, transitional periods, planning permission, tenant farmers, and Brexit; factual statements were based on reasonable legal advice; well-being and Welsh language duties were considered; and the amendment application was late and unnecessary. No illegality was found in the making of the Regulations.

Court Disposition

Claim dismissed