More 39 counsel join Gatwick claim

More 39 counsel join Gatwick claim


The Civil Aviation Authority has instructed Gordon Nardell QC and Cleon Catsambis to defend judicial review proceedings brought on behalf of residents and others opposing alterations to air traffic control patterns on the Westerly approach to Gatwick Airport.  The claimant, represented by John Steel QC and James Potts (see earlier news item), alleges that the CAA should have ensured that consultation took place before the air navigation services provider, NATS En-Route Limited (NERL), altered the point at which approaching aircraft establish on final approach.  The duty is said to arise under Directions made by the Secretary of State for Transport in 2001.  The CAA’s position is that the consultation provisions of the Directions apply only where the CAA is asked to promulgate a change to a “notified” feature of airspace.  They do not apply to alterations that are entirely within NERL’s discretion.  The Administrative Court will shortly consider whether to grant permission for the claim.

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