Jenny Dawes granted permission to appeal to the Court of…
On 7 February 2024, the Rt Hon Lord Justice Warby granted Jenny Dawes permission to appeal to the Court of Appeal against the dismissal of her judicial review application challenging the decision of the Secretary of State to make a development consent order (DCO) for the re-opening of Manston Airport. In his Order, Lord Justice Warby reasoned that certain aspects of the High Court decision warranted appellate scrutiny and that the remaining arguments relating to “need’ were properly arguable with a reasonable prospect of success. Those pushing for the re-opening of the airport claim that something that could be seen as “critical infrastructure” should not be delayed by legal challenge. In fact, there are serious questions about the “need” for this airport. In 2019 the Examining Authority ultimately concluding that a DCO (Development Consent Order) should not be granted as there was no need for it, with other factors also weighed against the development, including climate change. As well as the need argument, the impact on Manston of the potential growth of other London airports must be considered. . Tweet Permission to appeal granted! By Jenny Dawes Feb.12th 2024 On 7 February 2024, the Rt Hon Lord Justice Warby granted me permission to appeal to the Court of Appeal against the dismissal of my judicial review application challenging the decision of the Secretary of State to make a development consent order (DCO) for the re-opening of Manston Airport. In his Order, Lord Justice Warby reasoned that certain aspects of the High Court decision warranted appellate scrutiny and that the remaining arguments relating to “need’ were properly arguable with a reasonable prospect of success. The following day, a partner at BDB Pitmans, (RSP’s solicitors) Mustafa Latif-Aramesh, posted a commentary on BDB Pitman’s website that was picked up and echoed in posts by RSP, Sir Roger Gale MP, Craig Mackinlay MP, and by airport supporters. The thrust of these various attacks on the reasoned decision of an experienced judge of the Court of Appeal, is largely based in the argument that because Manston Airport is ‘critical infrastructure’, it shouldn’t be delayed by legal challenge. In the case of BDP Pitmans, Mr Latif-Aramesh further suggested that, since “people have had their fair go”, access to justice had been served and Aarhus costs protection (whereby the liability of the Claimant to pay the costs of the other side if they lose is capped at £5,000 for an individual and £10,000 in other cases, and the costs of the Defendant and Interested Party are likewise capped at £35,000 each) should no longer apply. Sir Roger Gale MP, supported by Craig Mackinlay MP, is proposing to complain to the Lord Chancellor, seemingly on the basis that the Court of Appeal has dared to decide that there are valid legal questions to consider. A DCO facilitates the compulsory purchase of land. Ann Gloag acquired Manston Airport – and its debts – in 2013. When early attempts to persuade her to sell it on failed, an American company, RiverOak Investment Corp (ROIC) tried to push the local district council to affect
