Some local online blog pages are reporting that BACI’s Appeal has been refused by the Judge – and have been sharing this information to facebook groups with the comment “Appeal has been refused”
We feel this is misleading and BACI would like to reassure residents that we still have an opportunity to Appeal the decision. It would appear that this confusion is due to a lack of understanding regarding the UK Judicial System.
It is tradition to ask the ruling Judge for permission to Appeal. However – no Judge is going to turn round and declare that the judgment they have just made could be wrong – and therefore allow permission to Appeal. The requirement to ask is just a ‘quirk’ of our Court System.
Our Barrister was instructed to ‘ask’ permission to Appeal from the ruling Judge should the circumstances arise – and in the expected way – the Judge refused to grant her permission.
The resulting court document appears on Covanta’s own Rookery South website under the label ‘Appeal Denial Decision’.
This document in no way precludes BACI from requesting permission to continue with an Appeal from the Courts in the normal way – as we did for the Judicial Review Claim.
BACI now has 21 days from the date of Judgement in order to enter a submission for permission to Appeal.
The BACI Committee meeting has been scheduled for next week to consider options moving forward.