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26 September 2014
Issue: 7623 / Categories: Case law , Law digest , In Court
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Town & country planning

R (on the application of An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111, [2014] All ER (D) 107 (Aug)

The claimant issued judicial review proceedings, contending that the Secretary of State had failed to consult the public of the Republic of Ireland in accordance with Art 7 of Directive (EU) 2011/92 in granting development consent for the construction of a European pressurised reactor nuclear power station.

The Court of Appeal, Civil Division, in dismissing the application, held that the test was not whether the project was "likely to have significant effects on the environment" applying to Council Directive (EEC) 92/43, but the "real risk"  test adopted in domestic authorities. It further refused to make a reference to the Court of Justice of the European Union.

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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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