Fracking Court of Appeal Challenge

Unfortunately the High Court Judicial Review challenge detailed below was awarded in favour of the Government.

However my barrister, David Wolfe QC, considers there to be strong grounds for appealing the judgement and on 31 August 2017 permission to appeal was issued at the Court of Appeal. The court fee for this application was £528.00. If the hearing is permitted then the court hearing fee will be £1,199.00. If we get the hearing then the Court of Appeal will reset my Aarhus cost protection. I have asked for this to be at £5,000 or less but I have been warned that the Court of Appeal usually "doubles up" the High Court limit of £5,000 so it may be set at £10,000.

On the 22 June 2017, the Planning Court at the Royal Courts of Justice in London heard my substantive Judicial Review challenge claiming that the Secretary of State for Business, Energy and Industrial Stratetegy decision to extend the Petroleum, Exploration and Development Licence ("PEDL") where I live in Tarvin, Cheshire for two years from the 1 July 2016 was unlawful.

A favourable result will see PEDL189 quashed and such a decision may impact on the lawful status of many other PEDLs in Scotland, Wales and England.

At my permissive hearing on the 15 December 2016 to enable the case to be heard I was awarded Aarhus protection meaning should I lose, a claim for costs by the Government against me is limited to £5,000. I am also liable for Court Application Fees totalling £924. Mr. David Wolfe QC of Matrix Chambers is acting for me on a conditional basis. My instructing Intermediary's, Friends of the Earth Rights and Justice are acting on a pro bono basis.

Details of the 22 June 2017 hearing may be read on this link:

And the 15 December hearing here:

The Reserved Decision may take some weeks.

If I receive a favourable decision then contributions received will be held pending an appeal challenge from the Government. If I am ultimately succesfull then what is in the "pot" will be donated to other legal challenges against fracking.

I did not fund raise prior to the hearing as I wished to be totally focused on the  case.


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Benjamin Dean 
Tarvin, North West England, United Kingdom
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