Unfortunately – BACI will be unable to proceed any further with the case at this stage without enough pledges behind us to enable us to instruct the legal team.
We have now received and analysed the EA’s response to our Pre-Action Protocol Letter. Our legal team still consider there are grounds to be put forward under Judicial Review.
Due to the time restraints of the Judicial Review process – this means we have reached a critical point of the case of lodging the claim with the courts.
A big thank you to residents who have already donated. However – based on this number of pledges achieved so far – we will not be in a position to instruct our Barrister to draw up the claim for lodging.
BACI have a deadline of tomorrow (Saturday) night to instruct the Barrister.
The very minimum we need to achieve by this time (taking into account the VAT on our legal fees and associated crowdfunder/paypal fees) is:
At the moment we are standing at around £7,500 – so we have a shortfall of:
The BACI crowdfunder site has received over 4,700 unique visits but this has only resulted in just over 250 pledges.
We have a long way to go – it is essential that we know we have the backing of the residents – otherwise we have no chance of achieving anything and we will all just have to sit back and watch as the vale and surrounds change forever.
The Judicial Review Process
Unfortunately – the process is not cheap.
Progress so far:
– Pre-Action Protocol Letter sent (incl supplementary letter)
– Reply from the EA received
– Responses from the EA analysed by the legal team
Next immediate stage – Preparation of papers and lodging with the courts
The first part will take us up to the Permission and court fees section. We have been advised that this part of the case – taking into account work already completed and Crowdfunder fees etc – will need around £25,000 to complete.
The second stage is to prepare for the court appearance and then the appearance itself. Due to the timings involved – this stage will be addressed using a second Crowdfunder project – and it is estimated that if this stage is required – this could cost another £25,000.
It may not be necessary to take the case to the full court hearing stage. The Environment Agency can concede at any point up to the actual court hearing.
If there are any funds left over at any point of this Crowdfunder project or subsequent Crowdfunder projects for the purpose Judicial Review – this will be used either in the wider campaign (if this is still existing) or another local project.
More details and how to pledge can be found on HERE
The Covanta Incinerator – Background
The Covanta Incinerator – Environmental Permitting Process
The Covanta Incinerator – Main Points
Concerns regarding Incineration as a process
Incineration, Recycling and the Circular Economy – Slides