AC-2024-LON-002644 - [2025] EWHC 2761 (Admin)

The parties were agreed as to the terms of the appropriate Order, in light of this judgment which they had received in draft. The terms used in the Order are defined in agreed recitals to the Order. The “Aarhus Application” means Natural England’s application under CPR 46.27 for variation of the maximum costs liabilities of each of the Claimants. The “Redactions Application” means Natural England’s application dated 23 May 2025. The “Confidential Versions” means confidential versions of the Decision Documents numbered 1.02, 1.03, 2.01, 2.03-2.07, 2.09, 2.10, 3.01-3.06. The “Information” means the highlighted text in the Confidential Versions (ie. names and email addresses of junior Natural England staff said to have had only a peripheral role in the Decision, together with telephone contact details of all Natural England staff).

I am ordering as follows: (1) The Aarhus Application is dismissed. (2) Natural England shall pay the Claimants’ costs of the Aarhus Application on the standard basis, to be assessed if not agreed. (3) Any application by a non-party to these proceedings to obtain the Confidential Versions from court records shall be made on notice to the parties and shall be determined at a hearing at which the parties shall be entitled to make submissions as to the disposal of that application and any consequential orders. (4) The costs of the Redactions Application shall be the Claimants’ costs in the case. I will also order, by consent, as follows: (5) The Claimants and Interested Party: (i) shall maintain the confidentiality of the Information; (ii) shall not provide the Confidential Versions to any person who is not an officer, employee, servant, or legal representative of the parties, or clerk or administrative assistant to the legal representatives as may be necessary in the proper conduct of the proceedings; and (iii) shall refrain from stating the Information orally in open Court or in any skeleton argument or other written submission, without the prior consent of the Defendant or further order of the Court.