Privy Council to hear Barbudans’ challenge to Appeal Court decision regarding their ‘standing’ on Wednesday  

The Privy Council, on Wednesday, November 8, will hear a matter
filed by two Barbudans, who are appealing an Eastern Caribbean
Supreme Court of Appeal decision to dismiss their challenge to the
development of an international airport runway on Barbuda.
John Mussington and Jacklyn Frank want the final appellate court to
rule against the Court of Appeal’s decision, which had concluded
that they lacked the standing to bring such a claim.
 
The Privy Council is expected to consider whether the regional
Appeal Court erred in holding 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.
 

That decision held that persons with a genuine interest in the aspect
of the environment they are trying 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.
 
Reportedly, the Privy Council is also being asked to consider
whether the Development Control Authority’s failure to disclose the
Environmental Impact Assessment report related to the
development was relevant to the issue of standing.
 
Additionally, the court is being asked to rule on whether the
statutory framework, which contemplates public participation in the
planning process, weighed in favour of according standing to
Mussington and Frank.
 
Finally, the Privy Council will also need to consider whether the
Court of Appeal wrongly exercised its discretion to decide the issue
of standing before the final hearing of the matter.
 
Mussington and Frank will be represented at the Privy Council
by Marc Willers KC, Leslie Thomas KC, Stephen Cottle, and  Thalia
Maragh  of the Garden Court Chambers’ Environmental Law and
Climate Justice Team and Adam Riley of 3 Hare Court, who are all
taking part in the matter pro bono.
 
The legal team has been assisted by David Neale, Garden Court
Chambers’ researcher.
 
Mussington and Frank have received widespread support locally,
regionally, and internationally and are also supported by the Global
Legal Action Network (GLAN).