Pollution
Inspectorate granted BNFL authorisation to test new plant.
Inspectorate granted BNFL authorisation to test new plant.
Greenpeace
applied for certiorari to quash Inspectorate’s decision and injunction to stay
implementation.
applied for certiorari to quash Inspectorate’s decision and injunction to stay
implementation.
Otton
J held Greenpeace had standing.
J held Greenpeace had standing.
When
deciding whether applicant for JR has sufficient interest in matter, court
should take into account:
deciding whether applicant for JR has sufficient interest in matter, court
should take into account:
–
Nature of applicant
Nature of applicant
–
Extent of applicant’s interest in issues raised
Extent of applicant’s interest in issues raised
–
Nature of relief sought
Nature of relief sought
Here
applicant was respected body with genuine interest.
applicant was respected body with genuine interest.
Had
2500 supporters in area.
2500 supporters in area.
Supporters
might not otherwise have had effective means of bringing their claims before a
court.
might not otherwise have had effective means of bringing their claims before a
court.
Primary
relief sought was certiorari not mandamus.
relief sought was certiorari not mandamus.
Hence
applicant had sufficient interest.
applicant had sufficient interest.
