For those who have followed the Forager Ltd v Natural England litigation (see previous blogs) the Upper Tribunal has refused permission to Forager Ltd to appeal (again) to the Upper Tribunal.
It will be recalled that the Forager case previously went to the Upper Tribunal – it being the first appeal against a stop notice under the Environmental Civil Sanctions (England) Order 2010: see Forager ltd v Natural England  UKUT 0148 (AAC).
That first appeal was allowed to a limited extent and the matter was re-determined by the First-tier Tribunal in relation to the steps specified in the stop notice.
Having lost before the First-tier Tribunal (again) (see NV/2015/0002, 29 January 2018) Forager sought to appeal (again) to the Upper Tribunal but permission was refused by Upper Tribunal Judge H. Levenson (MIS/1101/2018, 28 September 2018) following an oral hearing.
I acted for Natural England before the Upper Tribunal both times and in the First-tier Tribunal on the re-determination.