Natural England knows best?

[renewablejohn]

Really? And what are they going to lock him up for burning biomass illegally? I dont think so.. He is home dry now thankfully and set case law for everyone else.. Well done...

Read the judgment the Judge was very specific in pointing out the reason why AJCC won was because NE do not have the authority which they thought they had to issue civil proceedings however the Judge also confirmed that NE do have the authority to issue criminal proceedings and quotes the specific legislation which allows them to do this.

 

[Huno]

Read the judgment the Judge was very specific in pointing out the reason why AJCC won was because NE do not have the authority which they thought they had to issue civil proceedings however the Judge also confirmed that NE do have the authority to issue criminal proceedings and quotes the specific legislation which allows them to do this.

And what is the criminal act that would get support from the Police and CPS then? Nothing is the answer.. Case Closed...

 

[Huno]

Read the judgment the Judge was very specific in pointing out the reason why AJCC won was because NE do not have the authority which they thought they had to issue civil proceedings however the Judge also confirmed that NE do have the authority to issue criminal proceedings and quotes the specific legislation which allows them to do this.

The Environment Agency are the only Authority in England authorised to proceed with legal proceedings in reference to the Environment Act of 2022... Nobody else and that includes unelected quango's like NE thankfully... hence they have lost their civil case and thank the Lord they have...

 

[renewablejohn]

And what is the criminal act that would get support from the Police and CPS then? Nothing is the answer.. Case Closed...

NE could easily do a private prosecution it does not need to be supported by the police or CPS. You only have to look at the Post Office scandel to see how innocent people can be locked up by corrupt legal teams and corkscrew judges.

 

[Huno]

NE could easily do a private prosecution it does not need to be supported by the police or CPS. You only have to look at the Post Office scandel to see how innocent people can be locked up by corrupt legal teams and corkscrew judges.

I would break AJCC out of jail... would you??

 

[Huno]

Post Office is also another Gov subbed Quango sh!t show.. ever heard of Amazon Prime??

 

[ajcc]

NE have prosecution powers under various acts. They don’t need the police or cps but the penalties are defined in the specific regs.
This particular case is all about the EIA Regulations 2006 (agriculture). Any successful prosecution will result in a fine and cross compliance penalties.
However NE seek to impose a civil court injunction with imprisonment as a penalty for breech. The judgement says they cannot do that without case specific sponsorship/approval by the Attorney General. If the judge had ruled in their favour it would set a legal precedent to greatly increase their regulatory powers to include imprisonment to someone who dares challenge their authority.
What tactic they employ next, time will tell but at least they are getting some wider scrutiny than just this thread. (Invaluable and inspirational and supportive as it is to an isolated individual farmer.)
NE like to run their own show with only a dysfunctional defra appeal system as any check. . . . They do not enjoy scrutiny and accountability in front of an open minded judge.

 

[renewablejohn]

I would break AJCC out of jail... would you??

I would rather support AJCC not going to jail in the first place rather than stand by and do nothing. To many people are good at pointing fingers at injustice after the event once the damage has been done.

 

[ajcc]

NE claim something called NERC Act gives them special incidental powers to impose civil court injunctions with penal notices as a sanction. Maybe it might in clear cut wrongdoing within their recognised purpose like repeated illegal raptor poisoning or destroying Stonehenge with a digger but this is about a farmer cultivating his own fields which they say have undisclosed archaeological potential because someone found some scattered flint artefacts during last 50 years. This is about hefers and shine and moving goalposts and should send shivers through anyone contemplating agreement relationships with Natural England.

 

[Jackov Altraids]

NE claim something called NERC Act gives them special incidental powers to impose civil court injunctions with penal notices as a sanction. Maybe it might in clear cut wrongdoing within their recognised purpose like repeated illegal raptor poisoning or destroying Stonehenge with a digger but this is about a farmer cultivating his own fields which they say have undisclosed archaeological potential because someone found some scattered flint artefacts during last 50 years. This is about hefers and shine and moving goalposts and should send shivers through anyone contemplating agreement relationships with Natural England.

Well done.
We are all indebted to you for taking such a principled stand.

To what extent does this judgement 'get them off the hook', by establishing that they do not have the power to sue for an injunction rather than the fact they lied, changed their story and had no evidence to pursue and persecute you and issue a stop notice in the first place?

 

[ajcc]

@Jackov Altraids . . . It’s a crack in a dam. It is unwelcome wider scrutiny for NE and for the NT.
“Whats this all about? How did we get here? Is that still going on?. . . Hang on, I don’t understand.

 

[ajcc]

Just to keep folk in picture. @Abi Kay

 

[egbert]

????

 

[alex04w]

I suspect that will be the hearing to decide on costs. Get some evidence together to support a very large figure!

 

[Nearly]

Can we charge for replying to thread?
£££

 

[anzani]

????

www.lawgazette.co.uk/legal-updates/consequential-issues-in-the-commercial-court/5114343.article

 

[ajcc]

Latest NE are to seek permission to appeal the court’s decision at Tuesdays hearing. Just received 500 plus page document from them!!

 

[Ffermer Bach]

seems to me, like Natural England are engaging in lawfare

Lawfare - Wikipedia

en.wikipedia.org

 

[Timbo]

seems to me, like Natural England are engaging in lawfare

Lawfare - Wikipedia

en.wikipedia.org

Been watching what the PO have been upto plainly

 

[Ffermer Bach]

Been watching what the PO have been upto plainly

yes, I have, big problem with how then large organisations treat the "little people".