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JUDICIAL REVIEW -THE STORY SO FAR

Written by Beate Hohmann |

On October 4 following a reading of the papers, Justice Irwin refused an application by Dr Michael Pelling for judicial review of the decision by the Home Office to site a Police Mustering Briefing and Deployment Centre (MBDC)on the Fairground Site area of Wanstead Flats .

As a result of Mr Justice Irwin's ruling, Dr Pelling sought a Renewal Hearing (i.e. an appeal to carry on with the application). The presentation (Friday 25 November) at the Royal Courts of Justice in front of Mr Justice Bean was to prepare for a full hearing in December.

Dr Pelling asked for disclosure from the Home Office and the police of the ‘alternative sites’ they had identified in the event that the LRO is overturned – this was refused. But he was allowed to extend the grounds of his objections.

Mr Justice Bean also rejected Dr Pelling's arguments against a ‘rolled-up’ hearing, which would mean seeking a renewal of the judicial review and, if successful, holding the judicial review itself on the same day, December 5.

The main reason was that the matter could not wait to be resolved to the New Year as the police either had to have the certainty of the current MBDC plans, or time to find an alternative site if the JR application was successful.

This makes Dr Pelling's job considerably harder because of his term-time family commitments, but he has managed to secure an assurance of some protection against costs that might eventually be awarded against him (The judge cited the extreme delays experienced with the Legal Services Commission)

THE NEXT STEP

The combined hearing is scheduled to take place at 10.30 p.m. on Monday 5 December, back at the Royal Courts of Justice on the Strand . Further details will be shared as soon as they are available

One way or another, this will determine the outcome of the legal challenge against the Home Office in defence of keeping Wanstead Flats open to the public and only used for the purposes set out in the 1878 Epping Forest Act.

It is essential that as many people as possible come along to demonstrate the level of local opposition to the planned Olympics police operations base in East London

JUDICIAL REVIEW APPLICATION : Latest

Written by Beate Hohmann |

The High Court has now considered Dr Pelling's application for leave to apply for Judicial Review and decided -purely from a reading of the papers- to refuse leave.

Dr Pelling has decided to renew the application which will be considered at an oral hearing in open court.

The renewal application was filed at court today 17 October: however the Court office has advised that a hearing is unlikely to take place before January 2012 though it might just come on in late December this year. But when the hearing does take place it is of the UTMOST IMPORTANCE that there be a good attendance at Court: a really good turn out can make a real difference.

Information about the hearing date will be published as soon as it is available."

Judicial Review

Written by Cilius Victor |

Our day in court

A legal challenge to plans by the Home Office to amend the Epping Forest Act, which protects Wanstead Flats and stands in the way of the proposed Olympics police base, will soon come to court. The hearing will take place at the Royal Courts of Justice in the Strand.

Since June 2010, local residents have been fighting plans to allow the Metropolitan police to base its Olympics operational centre on the Flats in 2012. In order to push this proposal through, the Home Office has needed to amend an Act of Parliament that has protected Wanstead Flats from enclosure and development for well over a century.

The order amending the Epping Forest Act was passed with little debate by Parliament some months ago. However, the Save Wanstead Flats campaign has continued to argue that because the consultation carried out by the Home Office was so poor and denied local people a proper chance to challenge the decision, it should be overturned. One resident has therefore taken on the Home Office by seeking a judicial review of the consultation process – and the case will shortly be considered by the Royal Courts of Justice in the Strand.

The weekday hearing date has not yet been finalised but as soon as it is, we plan a PROTEST OUTSIDE THE COURT and local residents will be able go in and witness the hearing.

Do download this small PDF the of judicial review to email your contacts or even print off a few copies to distribute to you neighbours.