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On 30 July 2024, the Court of Appeal refused permission in R (oao Robert Zachary Cox) v Forestry Commission [2023] EWHC 3332 (Admin) (CA-2023-002630) for an individual – Dr Cox – to challenge the decision of the Forestry Commission, as allegedly set out in a letter dated 20 June 2023, to continue its use of clear-felling/deforestation of the New Forest National Park in particular and on a larger scale across England in general. Dr Cox sought permission for judicial review on grounds relating to cumulative irreversible harm, breach of statutory obligations, procedural unfairness and breach of the Human Rights Act 1998.
This follows Mr Justice Cutts' refusal of permission in the High Court on 21 December 2023, following an oral renewal hearing on 19 December 2023.
Lord Justice Stuart Smith found that the case had been presented in a manner that was “unduly long and complex,” and had the clear purpose of stopping clear-felling throughout England. It is an attack on established policies and lawful conduct. Further, the Court found there is no real prospect it would grant the remedies sought and the claim is totally without merit.
Joel Semakula appeared at the oral renewal hearing and has advised the Defendant, the Forestry Commission, throughout these proceedings.
He was instructed by Adam Corbin, Lydia Robinson and Tobe Obe of Michelmores LLP.
The first instance judgment can be found here.
