Natural England does not have the power to sue for an injunction, despite the quango’s attempt to equate its powers with those of the Solicitors Regulation Authority, a judge has found.

The judge was ruling in a case brought by Natural England against a Devon farmer, Andrew Cooper, over a 67-hectare farm owned by the National Trust (pictured above). The non-departmental public body, which is the government’s adviser on the natural environment, said Cooper’s farming could be harmful to archaeological features of national significance.

The quango brought criminal proceedings against Cooper for failing to comply with a stop notice it served on him. Cooper admitted the offence at Exeter Crown Court in 2021 and was fined £7,500.

Natural England claimed Cooper nevertheless proceeded to plough the fields in 2021 and 2022. It asked the High Court to impose an injunction so that if Cooper continued to work the land he could face imprisonment for contempt.

Heather Andersen, on behalf of the body, said that the High Court had previously granted the SRA an injunction against former solicitor Soophia Khan. In that case Mr Justice Fancourt concluded that the SRA had standing to seek injunctions. Andersen said the court should therefore recognise Natural England’s standing.

But His Honour Judge Jonathan Russen KC concluded this week that Natural England did not have that power. He pointed out that, under the powers delegated to it by the Law Society, the SRA clearly has standing to apply to the High Court following an intervention in a solicitor’s practice.

Natural England’s powers come from the Environment Impact Assessment (Agriculture) (England) (No. 2) Regulations, which gives it a power to bring criminal proceedings.

‘The commencement of civil proceedings cannot be regarded as incidental to NE’s function as prosecutor of offences under the 2006 Regulations,’ the judge said. He concluded that the claim by Natural England for injunctive relief ‘fails on the ground that NE does not have the power and standing to bring it’.

The judge noted Natural England is not ‘entirely powerless’, as it can ask the attorney general to lend her name to a relator action.

 

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