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Permission refused on alternative remedy grounds in JR of the MMO

In R (Great Yarmouth Port Company Ltd) v Marine Management Organisation Hickinbottom J., at a rolled up hearing, refused permission to apply for judicial review of a decision of the Marine Management Organisation (“MMO”) to vary a marine licence under its powers under Part 4 of the Marine and Coastal Access Act 2009 (“the 2009 Act”). The judicial review alleged that the variation was ultra vires because the licensable activities under the 2009 Act had been completed albeit that the licence was still in force.

Under the 2009 Act, and regulations made thereunder, the claimant had a right of appeal to the First Tier Tribunal which it had not exercised.

The learned Judge emphasised that it is only exceptionally a judicial review will be entertained where there is a statutory remedy provide by Parliament and that was especially so where the alternative remedy was to a judicial tribunal established under the Tribunals, Courts and Enforcement Act 2007.

Richard Drabble QC appeared for the claimant.
James Maurici QC appeared for the MMO.