251204pre-action_protocol_letter_-_grs_to_mmo
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| 251204pre-action_protocol_letter_-_grs_to_mmo [2026/04/29 09:55] – nefcadmin | 251204pre-action_protocol_letter_-_grs_to_mmo [2026/04/30 06:21] (current) – old revision restored (2026/04/29 09:58) nefcadmin | ||
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| 51 As a result, the decision to approve the application without an appropriate assessment, alternatively without an adequate appropriate assessment, was a breach of regulation 63 of the Habitats Regulations. | 51 As a result, the decision to approve the application without an appropriate assessment, alternatively without an adequate appropriate assessment, was a breach of regulation 63 of the Habitats Regulations. | ||
| - | ==== The orders sought ==== | + | ===== The orders sought |
| 52 The following orders will be sought from the Court: | 52 The following orders will be sought from the Court: | ||
| Line 244: | Line 244: | ||
| 53 The Claimant does not wish to interfere with necessary dredging activities and does not seek a quashing order that would have this effect. Instead, the Claimant will invite the Court to issue a quashing order, suspended for a period of nine months, to enable: | 53 The Claimant does not wish to interfere with necessary dredging activities and does not seek a quashing order that would have this effect. Instead, the Claimant will invite the Court to issue a quashing order, suspended for a period of nine months, to enable: | ||
| - | | + | - the Interested Party to: |
| - | - | + | - carry out further sampling in accordance with the OSPAR Guidelines; |
| + | - lawfully apply the waste hierarchy and demonstrate genuine considerations of alternatives to disposal at sea; | ||
| + | - prepare a lawful habitats regulations assessment; and | ||
| + | - make a revised application. | ||
| - The Defendant to: consider and lawfully determine the revised application, | - The Defendant to: consider and lawfully determine the revised application, | ||
| - | **What the Defendant is asked to do** | + | ===== What the Defendant is asked to do ===== |
| 54 The Defendant is asked to: | 54 The Defendant is asked to: | ||
| Line 256: | Line 259: | ||
| 55 If the Defendant does not agree, please explain why not. | 55 If the Defendant does not agree, please explain why not. | ||
| - | ==== What the Interested Party is asked to do ==== | + | ===== What the Interested Party is asked to do ===== |
| 56 The Interested Party is asked to consent to the suspended quashing order as set out above. | 56 The Interested Party is asked to consent to the suspended quashing order as set out above. | ||
| - | ==== Alternative Dispute Resolution ==== | + | ===== Alternative Dispute Resolution |
| 57 Our client would be open to ADR but is mindful of the need to meet time limits for filing the claim. Should the Defendant and Interested Party prove willing to engage in ADR, the Claimant proposes that the claim is filed with an application for a stay. | 57 Our client would be open to ADR but is mindful of the need to meet time limits for filing the claim. Should the Defendant and Interested Party prove willing to engage in ADR, the Claimant proposes that the claim is filed with an application for a stay. | ||
| - | ==== Further information requested ==== | + | ===== Further information requested |
| 58 Pursuant to its duty of candour, the Defendant is asked to provide the following: | 58 Pursuant to its duty of candour, the Defendant is asked to provide the following: | ||
| Line 281: | Line 284: | ||
| 59 For the avoidance of doubt, should you decline to disclose this information pursuant to your duty of candour, we also request this information under the Environmental Information Regulations 2004. | 59 For the avoidance of doubt, should you decline to disclose this information pursuant to your duty of candour, we also request this information under the Environmental Information Regulations 2004. | ||
| - | ==== Aarhus Convention claim ==== | + | ===== Aarhus Convention claim ===== |
| 60 The Claimant considers this to be an Aarhus Convention claim within CPR r.46.24(2) and so claims the costs protection which arises. The Defendant is invited to agree. If the Defendant disagrees then please explain why pursuant to the Judicial Review Pre-Action Protocol. | 60 The Claimant considers this to be an Aarhus Convention claim within CPR r.46.24(2) and so claims the costs protection which arises. The Defendant is invited to agree. If the Defendant disagrees then please explain why pursuant to the Judicial Review Pre-Action Protocol. | ||
| - | ==== Legal advisers dealing with this claim ==== | + | ===== Legal advisers dealing with this claim ===== |
| 61 Goodenough Ring Solicitors, Temple Chambers, 3-7 Temple Avenue, London EC4Y 0HP attention Alice Goodenough at < | 61 Goodenough Ring Solicitors, Temple Chambers, 3-7 Temple Avenue, London EC4Y 0HP attention Alice Goodenough at < | ||
| - | ==== Address for reply and service of court documents ==== | + | ===== Address for reply and service of court documents |
| 62 The address for reply and service of court documents is as above. We also accept service by email. We would prefer not to be sent hard copies of documents unless they are specifically requested. | 62 The address for reply and service of court documents is as above. We also accept service by email. We would prefer not to be sent hard copies of documents unless they are specifically requested. | ||
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