Countryside Alliance & Ors, R (on the application of) v HM Attorney General & Anor

The Court of Appeal dismissed the appeals brought by the Human Rights appellants and the European Community appellants. Permission to appeal to the House of Lords was refused. In relation to the European Community appeal, the court stated that the law on justification was clear and that the issue was for the judgment and assessment of the national court. The court also refused a separate application for permission to appeal and made costs orders.

Two appeals were brought from the Queen’s Bench Division Administrative Court, together with applications concerning further evidence, renewal of permission to appeal and permission to appeal. The appeals were identified as those of the Human Rights appellants and the European Community appellants. The supplied handing-down statement does not set out the underlying factual disputes or the full issues decided below. It records the Court of Appeal’s disposition and its reasons concerning permission to appeal.

1. Appeals. The appeals of the Human Rights appellants and the European Community appellants were dismissed.
2. Permission to appeal. Mr Friend and Mr Thomas’s application for permission to appeal was refused. Permission to appeal to the House of Lords was refused for both appellant groups. In relation to the Human Rights appellants, the court considered that it was for the House itself to decide whether to entertain any appeal. In relation to the European Community appellants, the court had decided against them on justification and considered that the law was clear and the issue was for the judgment and assessment of the national court.
3. Further evidence and related applications. Applications to rely on further evidence in C1/2005/2071(B), C1/2005/2071(C) and C1/2005/2072(A) were granted. The application for renewal of part refusal of permission to appeal in C1/2005/2071(Y) was allowed. Permission to appeal in C1/2005/2083 was refused.
4. Costs. Each appellant group was ordered to pay the respondents’ costs of and occasioned by its respective appeal, assessed on the standard basis if not agreed.

• Court of Appeal (Civil Division): Two appeals from the Queen’s Bench Division Administrative Court were dismissed. Permission to appeal to the House of Lords was refused: [2006] EWCA Civ 1096.
• Queen’s Bench Division Administrative Court: Decision under appeal; citation not stated in the judgment.