Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries


Land, Registered Land, Planning law etc.


Postby manateegirl » Thu Oct 05, 2017 9:25 am

Dear all just a quick question please. Local decision by a planning inspector allowed a national infrastructure project to go ahead. A protest group appealed and lost. Initially refused leave to appeal they went back to court and got leave to appeal. Appeal was heard in the Court of Appeal. Protest group lost and were refused permission to appeal to Supreme Court. They are appealing this refusal of permission to appeal. If this is refused do they have anywhere else to go with this? If it is granted and they lose again could they go to Europe? Also does anyone know if, during these appeals to appeal etc the NIP is prevented from going ahead? Any information would be much appreciated thank you.
Posts: 16
Joined: Tue Sep 12, 2017 7:56 am

Re: courts?

Postby dls » Thu Oct 05, 2017 1:25 pm

'to Europe' can have two distinct meanings - to the ECJ (European Union) or the ECHR (Court of HUman Rights)
They are quite separate and apply different laws.

If the issue is a human rights one, you have te right to seek a hearing at the ECHR. They will decide if its admissible.

To take a case to the European Court of Justice, there generally has to be an issue of European (Union) law. A UK court certifies that there is a pint of uunertainty in European law, and refers that question to them.

We do not, of course know anything about your case, but nothing said so far suggests that either would be appropriate.

You need to make a very clear distinction between having a result that you really do not want, and having an appealable case.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
Site Admin
Posts: 12388
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: courts?

Postby manateegirl » Sun Oct 08, 2017 3:09 pm

Thank you DLS. I am not part of the protest group but am trying to find out what is possible and what they may do next. Your reply is a great help. I do not believe either European Court would be appropriate so if they do not get a hearing at the Supreme court (or if they do and lose) I suspect that will be the end of the line for them. Thanks again much appreciated.
Posts: 16
Joined: Tue Sep 12, 2017 7:56 am

Return to Land Law

Who is online

Users browsing this forum: No registered users and 2 guests