QUESTION 3(40 marks)

This year the UK is hosting the conference on global climate change. The Forestry Act "the Act") (fictitious) was passed in 2021. It requires tree surgeons using cherry pickers to obtain a licence from the Secretary of State for the Environment to keep operating. The Act was passed due to concerns that cherry pickers which are usually fuelled by diesel are high polluters. The Secretary of State published a policy with two purposes to reduce pollution and support new business owners. As a result of the Policy the Secretary of State will only consider applicants operating petrol Cherry Pickers.

Section 2 of the Act provides that 'no decision of the Secretary of State' in relation to licensing shall be called into question in any legal proceedings whatsoever unless such proceedings are commenced within 8 weeks of the decision being taken'.

Three years ago, Jason set up a tree surgery business. Two of his vehicles are petrol and one is diesel. He has developed a novel method of creating wood chipping from the felled trees which is environmentally friendly and has resulted in praise from wildlife charities.

Jason made his application to the Department of Environment. He received a decision two weeks ago from a Civil Servant working in the Department of Environment refusing his application. When he enquired as to whether a Minster was responsible for making the decision, he was told the decision was made by a Civil Servant.

Advise Jason:

a)Whether he is able to seek Judicial Review of the decision;

b)What grounds he could argue in any Judicial Review claim; and

c)What procedure he would need to follow in any Judicial Review claim and the remedies he could seek.