The complainant had initially been refused a judicial review against the local council, NIEA and the DAERA Minister
A campaigner who had her application for a judicial review against Lisburn and Castlereagh City Council, the Northern Ireland Environment Agency and the Minister for Agriculture, Environment and Rural Affairs has said that she is "thrilled" that the Supreme Court has found in her favour.
The High Court found against her and when she appealed the decision, The Court of Appeal dismissed her appeal and said that suing Alpha Resource Management Ltd, operators of the site, was an effective alternative remedy. "The judicial review procedure was appropriate for this, and the actions against Alpha would not address this issue nor give a remedy in relation to it. The fact that she could have brought other proceedings – of a different nature, directed against another party, in which different issues would arise – did not mean that she had a suitable alternative remedy in relation to the claim she wished to bring.
Harry Robinson of Phoenix Law, who acts for Ms McAleenon, said: “Today, the Supreme Court found that our client was right to pursue the regulators of pollution. This is a significant finding for local residents in their continued efforts to protect the environment.
Castlereagh Lisburn Lisburn City And Castlereagh District Council
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