William Norris QC and Justine Thornton have been successful in a high profile and complex challenge to the Isle of Wight ferry service and the UK's implementation of the Habitats Directive
23 February 2010
William and Justine were instructed on behalf of the Lymington River Association to challenge decisions by Wightlink Ltd and the Department of the Environment, Food and Rural Affairs relating to the introduction of larger ferries onto the Isle of Wight Ferry Service. Natural England, the Lymington Harbour Commissioners and New Forest District Council were interested parties. The case involved significant points of European law on the Habitats Directive, including the obligations on competent authorities to undertake appropriate assessment of the implications of plans and projects for the conservation objectives of protected sites.
In his judgment Owen J held that the Lymington River Association were entitled to declarations that
1. the decision taken by Wightlink to introduce the W class ferries on 25 February 2009 was unlawful, being in breach of its duties as competent authority under Article 6(3) of the Habitats Directive and the Habitats Regulations,
2. the Habitats Directive was not fully and properly transposed into domestic law by the Habitats Regulations.
The Lymington River Association had the benefit of a generous protective costs order by the Court, capped at £120,000 and have been awarded their costs up to the cap.
Other members of chambers appearing in the case were Stephen Tromans QC, Colin Thomann and Gordon Nardell.
Read about the case on Lawtel