https://www.gardencourtchambers.co.uk/:
On 8 November 2023, the Privy Council will hear an appeal by John Mussington and Jacklyn Frank against the Eastern Caribbean Court of Appeal’s decision to dismiss their challenge to the development of a runway on the island of Barbuda, on the ground that they lacked standing to bring such a claim.
The Privy Council will need to consider whether the Eastern Caribbean Court of Appeal was wrong to hold that the decision of the Supreme Court in Walton v Scottish Ministers [2012] UKSC 44, [2013] 1 CMLR 28 was not relevant to the case.
Lord Hope of Craighead in Walton made clear that a person with a genuine interest in the aspect of the environment they seek to protect, and sufficient knowledge of the subject to qualify them to act in the public interest, may be accorded standing in an environmental case, even though the challenged decision does not directly affect their own rights or interests.
The Privy Council will also need to consider whether the planning authority’s failure to disclose the environmental impact assessments relating to the development was relevant to the issue of standing, and whether the statutory framework, which contemplates public participation in the planning process, weighed in favour of according standing to John Mussington and Jacklyn Frank.
Finally, it will need to consider whether the Court of Appeal wrongly exercised its discretion to decide the issue of standing at an interlocutory stage, rather than leaving the issue to be dealt with at the final hearing.
John Mussington and Jacklyn Frank will be represented in the Privy Council by Marc Willers KC, Leslie Thomas KC, Stephen Cottle and Thalia Maragh of Garden Court Chambers’ Environmental Law and Climate Justice Team and Adam Riley of 3 Hare Court.
All Counsel are acting pro bono. John Mussington and Jacklyn Frank’s Privy Council agent is
Theo Solley of Sheridans.
The legal team have been assisted by David Neale, Garden Court Chambers’ Researcher.
John Mussington and Jacklyn Frank are also supported by the Global Legal Action Network (GLAN).
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
JOIN OUR WHATS APP GROUP FOR BREAKING NEWS
Advertise with the mоѕt vіѕіtеd nеwѕ ѕіtе іn Antigua!
We offer fully customizable and flexible digital marketing packages.
Contact us at [email protected]
Can we please just give them their island and cut them off completely? While you’re at it take back any land in Antigua owned by Barbudans including the fraud Trevor Walk whose father Reuben Harris was an ALP minister. Any and everything that has been done to develop Barbuda has been an issue for them. Don’t get me wrong, I don’t support the hotels or the housing developments for rich foreigners, but Barbuda has to become self-sufficient or they have to give something to Antigua for the free money they are receiving. They can’t have both, let England deal with them and leave Antigua for Antiguans, as Barbuda is just for Barbudans.
@ Antigua First!You just an idiot..Barbuda is not getting anything free fro Antigua. Antigua politicians are enriching themselves on the Backs of Barbudans. They sell the people land to Rich white men for millions and Barbudan do not profit from it..Ask those former ABLP mininisters about who profit from Sand mining in Barbuda for Donkey years. Some of you in Antigua are too Badminded.#Barbuda& Barbudans First.
@ Antigua First
What are you fighting for?
You are obviously very upset that Barbudans are taking actions against the Government.
Why direct your anger against the Barbudans? At least they are able to identify who and what are against orcin their best interest and fight like hell for it.
Antiguans wait for the Christmas ham and Turkey; and the dollars slip to their palms at election times.
Again! What are you fighting for?
@Antigua First – you sound like one of those ABLP supporters that don’t know anything past what your ABLP leaders tell you… Nothing you spent your time typing was true… instead of chastising Trevor Walker, you should go talk to him, and other Barbudans to find out what they are fighting for… But you probably won’t… Good luck with your ignorance…
Hurricane should have wiped these people out.
Should’ve wiped out ya sour mother also ram goat.
As a Barbudan we must remind or inform the unaware Antiguan public that Barbudans voted against joining with Antigua at independence by a two thirds majority. We signed the Barbudan declaration stating we seek to establish a separate territory. These are the basic facts….. Antigua wants to sell its land , we do not want to sell ours. The entire Barbuda Council said no to a forced association. The association with Antigua was and will always be a disaster for the following reasons stated clearly in the UK parliament on Wed 8th July 1981 and explained by the UK parliamentarians so there can be no excuse that our feelings were not known.
A. Barbudans believe the land will be exploited and natural resources sold. 100’s millions of sand have been sold…. Can you see the profits here ?
B. With a combined administration we would never get our fair share of public spending. (Obvious). Attempting forced submission.
C. The Antigua Government will carve up our land, sub divide, and sell it back to the same people of old, using their administrative might, police force and army. (Currently happening). With promises to a couple of their business partners.
The letter sent to the UK Minister of State prior to Independence pleaded ‘The bitter experience of our people has been hard earned in dealing with Antigua especially since 1951 and a forced association can only breed long term disruptions’.
In nearly every vote since then we have voted to keep the land, yet Antigua insists on selling it as they do theirs. So Nothing has changed in 42 years except a more concerted effort by this current Antigua administration to force their will. The Facts are we in Barbuda are beyond self sufficient if we can break away from Antigua exploitation. In fact , left alone, we are a very rich island per capita and totally self sufficient in food security and existence. Is Antigua ? No. You have chosen a different path. And we genuinely respect your choice as you hunt food in the isles of Epicurean, but by return please respect us, we will rely on fish & lobster pots, hunting and ground provisions and build a holistic economy not wholly reliant on the same old begging for FDI. No one is hungry here.
The general consensus is we want genuine independence, complete self determination, immediately, 42 years ago was none to soon. This may not have been so under a different administration, but our hand is forced and we are sure many Pan Africanist friends will help us on our new path. If you need recent affirmations …..look at the last vote in 2023, which was again, a two thirds majority – Our Land, Our People, Our Culture, Our HOME. Please stop misleading the Antigua public that we need you. We are tired of tyranny and your attempt to sell us back into a private island economic slavery. DLC / PLH and whomever are NOT welcome here, they do not like us as a people, Barbudan employment is simply to stop revolt, they are trying to fence us from our coast line, beaches and places of beauty, can you imagine, in 2023 ! Next they will want our salt pond and the last of our beach coast, Gravenor Bay to Spanish Point, no, no, no.
They are interfering with our hunting lands and have zero respect for us, the free roaming animals are confused as are we by 15ft Guantanamo Bay fencing everywhere inhibiting centries of free movement. We are and want to remain emancipated. Just because we are a peaceful people you mistake that trait for weakness as you flex your steroid muscles. But we have natural strength, lasting strength, which you continually underestimate.
We love our Antiguan brothers n sisters but the government must stop bullying us and respect Democracy, we have a different local administration as entrenched in the constitution, the Barbuda Local Government Act 1976, look it up. If there is any doubt we can vote AGAIN tomorrow, the social consciousness on our island stems from a separate independent history. This forced marriage did not work, we have tried, so lets divorce before real animosity takes a turn. We humbly suggest you look at your own constitution and break free from your current masters whom you seem to emulate their old behaviors of imperialism. Please stop trying to give away our land to fraudsters, the old/new neocolonialists, to your friends, for they will find themselves embarrassed on the wrong side of history. Your plan is not sustainable, ours is proven, sustainable, live within your means.
With time, we can be good friends as neighbors, but never in bondage.
Writing with respect.
A Barbudan putting the concerns of the islanders first. More power to you @ Gulliver 👏🏾
Keep up the good fight (sir or madam), because if it is left up to Gaston Browne, Barbuda will be eventually SOLD down the river.
I believe by 2024 Barbuda will split from Antigua ( like Anguilla did from St. Kitts). The only thing is we are an independent nation and England will not support Barbuda like it does Anguilla. St Kitts-Nevis-Anguilla was not independent during the split.
Anguilla isn’t independent. When they split from St Kitts and Nevis, it was independent for a short time. However, now Anguilla is an over seas territory of the UK.
A noveau riche settlement of 450 villas, homes and estates for wannabes are planned for Barbuda. With a minimum of 3 per household, plus gardner, cook and housekeeper (Mexican & Philipino) a settlement of 2700+ with Government support will control the less than 2000- Barbudans.
A small time rich slum nothing like Jumby, St. Barts, Anguilla, just another bad ALP experiment at the expense of a unique people with a log history joint-land-ownership. The last of the real Africans in the Caribbean, who know that land maketh a people!
Comments are closed.