HC Deb 19 July 2004 vol 424 cc2-3W
Joan Ruddock

To ask the Secretary of State for Environment, Food and Rural Affairs how many applications for judicial review were made against English Nature in the High Court in each year between 1997 and 2003 by(a) individuals, (b) non-governmental organisations and (c) corporate entities. [181514]

Mr. Bradshaw

There were no applications for judicial review made against English Nature between 1997 and 2000. Details of applications made between 2001 and 2003 are as follows:

Individuals Non-governmental organizations Corporate entities
High court
2001 1 None 11
2002 1 None None
2003 None None 11
1 English Nature were co-defendants with the Secretary of State

Joan Ruddock

To ask the Secretary of State for Environment, Food and Rural Affairs how many judicial reviews brought against English Nature in the(a) High Court and (b) Court of Appeal between 1997 and 2003 (i) were successful and (ii) resulted in an order for costs being made against the applicant; and what costs were awarded in each case. [181522]

Mr. Bradshaw

English Nature has been successful in all proceedings brought between 1997 and 2003. Details are as followsOne application for Judicial Review was made to the High Court, against English Nature, by an individual (2001). This was unsuccessful and no costs were awarded against that individual. One Judicial Review heard by the High Court, brought by a company against English Nature as co-defendant with the Secretary of State, was successfully defended (2001). English Nature were awarded £117,500 (inc VAT) for their part of the costs. There was no appeal made to the Court of Appeal.

Two further cases have been heard in the High Court: One was brought by an individual against English Nature. The action was successfully defended. However the individual concerned appealed to the Court of Appeal. The appeal was granted in 2003, but the case was not heard until 2004. English Nature won that case. English Nature incurred costs of £250,000 (ex VAT). In reaching its decision the Court awarded costs to English Nature. It is still possible for the aggrieved to petition the House of Lords. The other was brought by a company against the Secretary of State and English Nature in 2003. The action was successfully defended. The company concerned has now appealed to the Court of Appeal and the case will be heard later this year. Costs are, therefore, still accruing and the outcome of the case will determine the costs issue.