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Friday, September 3, 2010
News

Court ruling delayed on Lymington ferries

By Richard Wright - Wednesday, December 16, 2009
A HIGH Court ruling on Wightlink's new Yarmouth-Lymington ferries is not expected until the New Year after a two-day judicial review hearing.
The Lymington River Association (LRA), which brought the action, says the bigger ferries are harming protected mudflats and salt marshes rich in bird and marine life.
LRA barrister William Norris, QC, said the ferries were introduced unlawfully and fell foul of the European habitats directive.
The LRA targeted both Wightlink and the Department of the Environment Food and Rural Affairs with judicial review.
Mr Norris told the High Court DEFRA should have intervened after Wightlink failed to adequately consult the public.
He claimed there was no proper public consultation.
DEFRA is defending the claim alongside Wightlink.
Interested parties represented in court were Lymington Harbour Commissioners, New Forest District Council and Natural England.
For Wightlink, Richard Drabble QC said: "It was clear Natural England was meeting with local stakeholders to discuss the issues that arose. Wightlink were adequately informed of local opinion, as appropriate."
Engineering works to mitigate any potential damage to river banks were planned for 2011.
Describing the litigation as unnecessary, Mr Drabble said the case would serve no useful purpose. The LRA itself said an order banning the use of the ferries would be draconian.
"Having failed in their (previous) application for an injunction, the LRA should have abandoned the proceedings as they can achieve no useful purpose and have caused the incursion of unnecessary costs," he said.
He asked Mr Justice Owen to not only dismiss the claim and order the LRA to pay its own legal costs but Wightlink’s too.
Any such bill is likely to be substantial.

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