Ferries- Judge rules that Wightlink acted unlawfully
On 16 February Mr Justice Owen gave his judgement in the case bought by the Lymington River Association against Wightlink and DEFRA
He ruled that the decision taken by Wightlink to introduce W class ferries in February 2009 was unlawful being in breach of its duties under the Habitats Directive and the Habitats Regulations.
He further ruled that the Habitats Directive was not fully and properly transferred from European law to domestic law in its original form.
The full text of the judgement can be found at http://www.richardbuxton.co.uk/v3.0/?q=node/443
The SPS Council welcomes this step forward in the protection of the Lymington Marshes. It is aware of the discussions between Natural England and Wightlink concerning mitigation, and in particular the proposals for Pylewell Lake, and it awaits the ramifications of this judgement with interest.