27th Feb 2024

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Adam Riley Instructed by Sheridans (London) for the Appellants


Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Antigua & Barbuda)

Case summary

Issue

Whether the Court of Appeal was correct to conclude that the Appellants did not have standing to pursue judicial review proceedings against a decision to grant a development permit for the construction of a new airport runway.

Facts

In 2017 the Government of Antigua and Barbuda decided to build a new airport on the island of Barbuda. In July 2018, the Development Control Authority (“DCA”) granted a development permit for the construction of the airport.

The Appellants sought both leave to file judicial review proceedings challenging the DCA’s approval of the project and an interim injunction to stop construction of the work on the airport runway. The High Court granted both, however the Court of Appeal set aside the injunction.

In September 2018, the Appellants made a fresh application to the High Court for an interim injunction. In February 2020, the High Court refused the injunction. The Appellants appealed to the Court of Appeal, whereby the Second Respondent counter appealed against the High Court’s finding that the Appellants had standing to apply for judicial review. The Court of Appeal rejected the Appellant’s appeal and allowed the Second Respondent’s counter appeal to the effect that the Appellants did not have standing to pursue judicial review against the DCA’s grant of a development permit.

Parties

Appellant

(1) John Mussington
(2) Jacklyn Frank

Respondent

(1)The Antigua and Barbuda Airport Authority
(2) Development Control Authority
(3) The Attorney General

Appeal

Justices

Lord Hodge, Lord Sales, Lord Leggatt, Lord Burrows, Lord Boyd

Hearing start date

8 November 2023

Hearing finish date

8 November 2023

Judgment details

Judgment date

27 February 2024

Neutral citation

[2024] UKPC 3


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