John Mussington and another (Appellants) v Development Control Authority and 2 others (Respondents) (Antigua and Barbuda)
Case ID: JCPC 2021/0116
Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Antigua & Barbuda)
Case summary
Issue
Whether the Court of Appeal was correct to conclude that the Appellants did not have standing to pursue judicial review proceedings against a decision to grant a development permit for the construction of a new airport runway.
Facts
In 2017 the Government of Antigua and Barbuda decided to build a new airport on the island of Barbuda. In July 2018, the Development Control Authority ("DCA") granted a development permit for the construction of the airport.
The Appellants sought both leave to file judicial review proceedings challenging the DCA's approval of the project and an interim injunction to stop construction of the work on the airport runway. The High Court granted both, however the Court of Appeal set aside the injunction.
In September 2018, the Appellants made a fresh application to the High Court for an interim injunction. In February 2020, the High Court refused the injunction. The Appellants appealed to the Court of Appeal, whereby the Second Respondent counter appealed against the High Court's finding that the Appellants had standing to apply for judicial review. The Court of Appeal rejected the Appellant's appeal and allowed the Second Respondent's counter appeal to the effect that the Appellants did not have standing to pursue judicial review against the DCA's grant of a development permit.
Parties
Appellant
(1) John Mussington
(2) Jacklyn Frank
Respondent
(1)The Antigua and Barbuda Airport Authority
(2) Development Control Authority
(3) The Attorney General
Appeal
Justices
Lord Hodge, Lord Sales, Lord Leggatt, Lord Burrows, Lord Boyd
Hearing start date
8 November 2023
Hearing finish date
8 November 2023
| Watch hearing | ||
|---|---|---|
| 8 November 2023 | Morning session | Afternoon session |
Judgment details
Judgment date
27 February 2024
Neutral citation
[2024] UKPC 3