Case status: Findings adopted on 24.09.2010 – Non-compliance found.
Follow-up: On-going; see Decision VII/8s, Decision VI/8k, Decision V/9n, Decision IV/9i.
Topics: Clear, transparent and consistent framework; Access to justice.
Articles alleged: 9 (2)–(5).
Articles considered by the Committee: 3 (1); 9 (2)–(5).
Articles, if any, found in non-compliance: 3 (1); 9 (4)–(5).
Summary: On 2 December 2008, ClientEarth, the Marine Conservation Society and Mr. Robert Latimer submitted a communication to the Compliance Committee, alleging non-compliance by the United Kingdom of Great Britain and Northern Ireland with its obligations under article 9 (2)–(5) of the Convention. The general allegations of non-compliance related to the lack of substantive review in procedures for judicial review, the prohibitively expensive costs of judicial review proceedings, the lack of rights of action against private individuals for breaches of environmental laws and the restrictive time limits for judicial review. The allegation of non-compliance in the specific case relates to the alleged failure of the Party concerned to provide access to justice to challenge a Government licence issued to the Port of Tyne that allows for the disposal and protective capping of highly contaminated port dredge materials at the marine disposal site “Souter Point”.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2008/33 (UK) | Latest datasheet on the status of the communication | 21.10.2010 |
| Determination on admissibility | At CC-22 | 19.12.2008 |
| Communication | Communication ACCC/C/2008/30 | 02.12.2008 |
| Annex 1: Licence 31995/04/1: For a trial to assess the effectiveness of a methodology for capping contaminated dredged material from the Port of Tyne on the Souter Point disposal site , issued on behalf of the Marine Consents and Environment Unit for and on behalf of the Licensing Authority on 6.10 2004 | Annex 1 to the communication | 02.12.2008 |
| Annex 2: Report 1740, Port of Tyne Sea Disposal Trials of Contaminated Tyne EstuarySediment , EnviroCentre, 06.2004 | Annex 2 to the communication | 02.12.2008 |
| Annex 3: Report No. 1613 Work Plan for Sea Disposal Trials of Contaminated Tyne Estuary Sediment , Final Work Plan – Revision 3, EnviroCentre, Port of Tyne Authority, 08.2004 (attached to Licence) | Annex 3 to the communication | 02.12.2008 |
| Annex 4: Report No. 3040, Port of Tyne – Sea Disposal Trials of Contaminated Estuary Sediment: Required Cap Thickness , EnviroCentre, 02.2007 | Annex 4 to the communication | 02.12.2008 |
| Annex 5: Report No. 3308, Port of Tyne – Sea Disposal Trials of Contaminated Tyne Estuary Sediment: Post Placement Monitoring – Tier 1 Second Annual Monitoring, EnviroCentre, 06.2008 | Annex 5 to the communication | 02.12.2008 |
| Annex 6: UK Report to the Meeting of the Working Group on the Environmental Impact of Human Activities of the OSPAR onvention: Capping of Contaminated Dredged Material Case Study Port of Tyne UK (the ‘ UK OSPAR Report’), undated | Annex 6 to the communication | 02.12.2008 |
| Annex 7: FEPA Monitoring at Dredged Material Disposal Sites off the Tyne, 03.2003 | Annex 7 to the communication | 02.12.2008 |
| Annex 8: The fate of TBT in spoil and feasibility of remediation to eliminate environmental impact , Defra Research and Development, Final Project Report CSG 15, 30.04.2002 | Annex 8 to the communication | 02.12.2008 |
| Annex 9: Presentation by the University of Sussex, Contaminated Dredged Material , FEPA Topic Review, 23.06.2005 | Annex 9 to the communication | 02.12.2008 |
| Annex 10: Memorandum from Dr C Vivian (CEFAS) to Mr G Boyes (Defra), dated 1.04.2003: Current Status of Tyne TBT Disposal Issues | Annex 10 to the communication | 02.12.2008 |
| Annex 11: Memorandum from Dr C. Vivian (CEFAS) to Mr G Boyes (Defra): Port of Tyne Application DC 6742 , BLR 7570, DAS 31995/030222, DC 6742, dated 18.06.2003 | Annex 11 to the communication | 02.12.2008 |
| Annex 12: Letter from Graham Boyes (Defra) to Mr Keith Wilson ( Port of Tyne Authority), ref DC 6742, dated 9.09.2003 | Annex 12 to the communication | 02.12.2008 |
| Annex 13: Letter from John Maslin, Head of Marine Environment Branch 2, DEFRA to Thomas Bell, MCS, dated 3.02.2005 | Annex 13 to the communication | 02.12.2008 |
| Annex 14: Minutes of the Meeting Held to Discuss the Trial Capping Project of Contaminated Dredged Material from the Port of Tyne Disposal held on 10.05.2006 | Annex 14 to the communication | 02.12.2008 |
| Annex 15: Letter from Andy Dixon, MCEU to Robert Latimer, dated 30.08.2006 | Annex 15 to the communication | 02.12.2008 |
| Annex 16: Letter from Alexis Tregenza of Defra to Robert Latimer, ref. 259370, dated 6.09.2006 | Annex 16 to the communication | 02.12.2008 |
| Annex 17: Note on Review Meeting at EnviroCentre with Port of Tyne Regarding the Placement of Contaminated Dredge material Offshore , from Sylvia Blake, CEFAS addressed to Andy Dixon, MCEU, dated 14.09.2006 | Annex 17 to the communication | 02.12.2008 |
| Annex 18: Memorandum from Chris Vivian and Sylvia Blake, CEFAS to Geoff Bowles, MEU, and others dated 26.01.2007. | Annex 18 to the communication | 02.12.2008 |
| Annex 19: ‘Review of Sea Disposal Trial of Contaminated Tyne Estuary Sediment: Required Cap Thickness Feb 2007 rep no: 11548J, MCMS Licence 31995/04/ 1’, report by Sylvia Blake, CEFAS, Burnham Laboratory, 22. 02.2007 | Annex 19 to the communication | 02.12.2008 |
| Letter to the Party informing about the communication | Letter from the secretariat sent at the request of the Committee made at CC-22 | 24.12.2008 |
| Letter to the communicant regarding preliminary admissibility of the communication | Letter from the secretariat sent at the request of the Committee made at CC-22 | 24.12.2008 |
| Letter to the Party concerned raising additional questions for clarification | Letter from the secretariat sent at the request of the Committee | 16.01.2009 |
| Letter to the communicant raising additional questions for clarification | Letter from the secretariat sent at the request of the Committee | 16.01.2009 |
| Letter to the Party concerned requesting timing of response and updating about possibility of discussion at twenty-fourth meeting | Letter from the secretariat | 12.05.2009 |
| Letter from the Party concerned requesting delay in the discussion of the case in order to have three communications concerning the UK discussed during the same meeting | Letter from the Party concerned | 12.05.2009 |
| Message from the secretariat requesting comments on discussion proposal after replies from the Party concerned and from the communicant of communication 23 | Message from the secretariat to the communicant | 15.05.2009 |
| First letter from one party of the communicant requesting not to postpone the discussion | Letter from one party of the communicant | 19.05.2009 |
| Second letter from the communicant accepting Committee's plan of discussion for this communication | Letter from one party of the communicant on behalf of all communicants | 21.05.2009 |
| Amicus Brief document for communications 23, 27 and 33 received by CAJE | Proposal by CAJE to the Secretariat | 22.05.2009 |
| Annex A - Rule 44.3, Civil Procedure Rules | Annex to the Amicus Brief | 28.05.2009 |
| Annex B - Using the Law: Barriers and Opportunities for Environmental Justice (Capacity Global) | Annex to the Amicus Brief | 28.05.2009 |
| Annex C - Environmental Justice (the Environmental Justice Project) | Annex to the Amicus Brief | 28.05.2009 |
| Annex D - Civil Law Aspects of Environmental Justice (ELF) | Annex to the Amicus Brief | 28.05.2009 |
| Annex E - Modernising Environmental Justice (UCL) | Annex to the Amicus Brief | 28.05.2009 |
| Annex F - CAJE Briefing - Access to Justice: Making it Affordable | Annex to the Amicus Brief | 28.05.2009 |
| Annex G - UKELA Position Statement on Costs | Annex to the Amicus Brief | 28.05.2009 |
| Annex H - Access to Justice in Environmental Matters (Professor Nicolas de Sadeleer) | Annex to the Amicus Brief | 28.05.2009 |
| Annex I - Litigating the Public Interest (Liberty/Civil Liberties Trust) | Annex to the Amicus Brief | 28.05.2009 |
| Annex J - Measures on Access to Justice in Environmental Matters (Milieu Ltd Report, UK) | Annex to the Amicus Brief | 28.05.2009 |
| Annex K - Judgment in R v. (Francis Morgan) v Hinton Organics (Wessex Ltd.) | Annex to the Amicus Brief | 28.05.2009 |
| Annex L - CAJE letters to the Civil Procedure Rules Committee (Letter dated 10th June 2005 to CPRC) (Letter dated 23 July 2008 to CPRC, Enclosure to 23 July 2008 letter) | Annex to the Amicus Brief | 28.05.2009 |
| Annex M - Table showing JRs embarked upon by selected CAJE members since 1990 | Annex to the Amicus Brief | 28.05.2009 |
| Annex N - Ensuring Access to Justice in England and Wales (Sullivan Report) | Annex to the Amicus Brief | 28.05.2009 |
| Annex O - Review of Civil Litigation Costs (Jackson Preliminary Report) | Annex to the Amicus Brief | 28.05.2009 |
| Annex P - CAJE complaint to the European Commission | Annex to the Amicus Brief | 28.05.2009 |
| Annex Q - Chambers | Annex to the Amicus Brief | 28.05.2009 |
| Annex R - Judgment in Corner House | Annex to the Amicus Brief | 28.05.2009 |
| Letter from the communicant requesting that discussion of other UK communications 23 and 27 consider some of the information included for communication 33 | Letter from the communicant | 27.05.2009 |
| Letter to the parties concerned of communications 23, 27 and 33 with regard to decisions for discussion plans of these three communications | Letter from the secretariat | 27.05.2009 |
| Letter from the communicant with answers to questions raised by the Committee to the communicant by letter on 16.01.2009 and to one question raised to the Party concerned by letter on 16.01.2009 and with a discussion of the results of the comprehensive review of civil litigation costs carried out by Lord Justice Jackson | Letter from the communicant | 09.06.2009 |
| Attached file to the letter with the 72 annexes | Annex to the letter | 09.06.2009 |
| European Court of Justice in Case C-427/07, Commission v Ireland (cover) (decision) | From CAJE | 27.07.2009 |
| Letter from the Party concerned with issues on C23 and C33 (cover) | Letter from the Party concerned | 30.07.2009 |
| Annex 1 - Observations on C33 | Annex to the letter | 30.07.2009 |
| Annex 2 - Index to bundle of documents | Annex to the letter | 30.07.2009 |
| Annex 3 - Correspondence list with one party of the communicant (Mr. Latimer) | Annex to the letter | 30.07.2009 |
| List of relevant documents that may be useful | Annex from the Party concerned | 19.08.2009 |
| Message to parties concerned and amicus convening hearing at CC-25 | Letter from the secretariat | 27.08.2009 |
| Letter providing further comments for the discussion at CC-25 | Letter from the communicant | 16.09.2009 |
| Draft statement concerning the allegation of a conflict of interest | Prepared by the Compliance Committee | 24.09.2009 |
| Message containing reaction from the Party concerned with regard to the conflict of interest issue | Letter from the Party concerned | 25.09.2009 |
| Statement concerning the allegation of a conflict of interest | Prepared by the Compliance Committee | 25.09.2009 |
| Oral submissions | Letter from the Party concerned | 25.09.2009 |
| Oral submissions (WWF) (CAJE) | Letter from amicus | 30.09.2009 |
| Statement with regard to the conflict of interest issue | Letter from CAJE | 30.09.2009 |
| Oral submissions of the communicant | Letter from the communicant | 05.10.2009 |
| Statement with regard to the conflict of interest issue (statement) (annex) | Letter from the communicant | 06.10.2009 |
| Message to all parties concerned (including the amicus) with regard to the outcome after CC-25 and the following steps concerning the case | Letter from the secretariat | 13.11.2009 |
| Message updating the Compliance Committee on the publication of Lord Justice Jackson's Report on Civil Litigation Costs on 14th January 2010 | Letter from CAJE | 20.01.2010 |
| Message commenting on the Jackson report: (cover) (comments) | Message from the communicant | 29.01.2010 |
| Letter on the cost issue with regard to C23, C27 and C33 | Message from CAJE | 17.03.2010 |
| Message from Environmental Law Foundation on the three UK cases | Message from Environmental Law Foundation | 20.05.2010 |
| Annex - Report on the three UK cases | Annex to the message from Environmental Law Foundation | 20.05.2010 |
| Letter from CAJE about the three UK cases (C23, C27, C33) | Message from CAJE | 26.05.2010 |
| Annex 1 - Letter about the Pallikaropoulos case | Annex to the message from CAJE | 26.05.2010 |
| Annex 2 - Final judgement of the Pallikaropoulos v SSEFRA case | Annex to the message from CAJE | 26.05.2010 |
| Response by the communicant on the documents submitted by CAJE on 26 May 2010 | Message from the communicant | 02.06.2010 |
| Letter to the Party concerned and letter to the communicant informing about the draft findings | From the secretariat | 25.08.2010 |
| Response of the amicus (CAJE) to the draft findings (re C/27 and C/33) and update Sullivan Report (Annex N to the Amicus Brief) | From Amicus (CAJE) | 14.09.2010 |
| Response of the Party concerned to the draft findings (re C/27 and C/33) | From the Party concerned | 22.09.2010 |
| Response of the communicant to the draft findings | From the communicant | 22.09.2010 |
| Additional comments to the draft findings (re C/27 and C/33) with annexes: letters to the Ministry of Justice and to DEFRA |
From the amicus (CAJE) | 14.10.2010 |
| Findings and letters to the Party concerned and to the communicant | From the secretariat | 18.10.2010 |
| Follow-up on compliance | From the secretariat | 07.01.2011 |
| From the secretariat | 08.02.2011 | |
| Response on follow-up | From the Party concerned | 15.02.2011 |
| Response by CAJE to the UK response | From CAJE | 25.02.2011 |
| Response by Lord Justice Sullivan's Working Group on Access to Environmental Justice to all three consultation papers of the Ministry of Justice | From CAJE | 25.02.2011 |
| Response by CAJE to MoJ consultation papers | From CAJE | 25.02.2011 |
| Response by CAJE MoJ on injunctions | From CAJE | 25.02.2011 |
| Draft report from the Committee and cover letter | From the secretariat | 01.03.2011 |
| Response from CAJE (email) | From CAJE | 14.03.2011 |
| Response from ClientEarth Annex 1 Annex 2 |
From the communicant | 15.03.2011 |
| Response from the Party | From the Party concerned | 15.03.2011 |
| Report of the Committee | From the secretariat | 19.05.2011 |
| Summary of events regarding the UK's progress in implementing the recommendations of the Committee | From the communicant | 20.06.2011 |
| Extended summary of events regarding the UK's progress in implementing the recommendations of the Committee | From the communicant | 23.06.2011 |
| CAJE letter sent to the Civil Procedure Rules Committee | From CAJE | 12.11.2014 |