Judicial Review

Wightlink's response to the judgement announced today (16 February) by Mr Justice Owen 

In his judgment released, Mr Justice Owen has clarified that Wightlink was the appropriate competent authority to decide whether or not the new ferries should be introduced on the Lymington to Yarmouth route, and furthermore found that Wightlink had consulted correctly in advance of making its decision to introduce the new ferries.  However, Mr Justice Owen also ruled that the way in which Wightlink took the decision to introduce the new ferries in February 2009 was in breach of the Habitats Directive. This breach was not intentional and, at the time of the decision, Wightlink believed it was acting fully in accordance with the applicable law.

Wightlink notes the judgment, and will consider what steps it will be required to take in its role as competent authority to address this issue. Wightlink intends to take such steps once the outcome of Natural England’s stakeholder engagement regarding Wightlink’s mitigation proposals is known, and as soon as Wightlink has received Natural England's revised formal advice. These mitigation proposals have been made widely available by both Wightlink and Natural England to ensure full engagement and comment.

The judgment acknowledges Natural England’s view that the new ferries introduced by Wightlink have not caused any damage to the protected habitats in the Lymington River to date, and that appropriate mitigation measures can ensure that no such damage will occur in the long term. Wightlink continues to work closely with Natural England to ensure the delivery of these habitat protection measures under legally binding arrangements.

Wightlink’s new ferries continue to navigate the Lymington River and the historically low levels of marine risk on the river have not been eroded by the introduction of the W Class ferries. Nothing in this judgment will affect the service Wightlink offers to its customers.