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High Court Finds Challenge to Informative on CLEUD Inappropriate for Judicial Review Because of Adequate Alternative Remedy

Andrew Fraser-Urquhart QC

R(QM Developments) v Warrington BC [2020] EWHC 1511 (Admin), Dove J.

The High Court has decided that an informative added to a CLEUD, relating to requirements in a land remediation condition which had not been complied with, could not be challenged by way of judicial review.  Dove J accepted the argument of Andrew Fraser-Urquhart QC for Warrington BC that the ability of the Claimant to appeal against the contents of the Certificate were an adequate alternative remedy and that the informative was not justiciable through an application for judicial review.