The hearing before the Court of Appeal took place on Tuesday 17 and Wednesday 18 July 2018.
The three judges first heard TWL’s case to which Essex County Council and Ian Tucker, the Applicant for the registration of the Village Green, replied through their Counsel. It is always very difficult and indeed dangerous to try to forecast the outcome of such proceedings at which long and detailed arguments are examined in minute detail. However, following our success both before the Inspector and Judge at first instance in the High Court, we and our legal team remain optimistic of the outcome.
Our thanks go to the residents of Mistley who attended Court on both days to support our cause.
It is not expected that the judgement will be handed down before the autumn but as soon as we receive any news we will post it here.
The hearing will start on Tuesday 17 July at 10.am in the Royal Courts of Justice, Strand, WC2 2LL and will last three days. We do not have details of the Court number but there will be plenty of people including security who can show you where to find out.
If, as expected, it is one of the old courts there will probably be a separate public gallery from which to view proceedings rather than sitting at the back behind the lawyers as was the case at the last hearing.
The Application to the Court of Appeal by TW Logistics Ltd to overturn the decision of the Inspector and of the High Court Judge to recommend and uphold the registration of Mistley Quay as a Village Green will be heard in the Court of Appeal in London in the week beginning 16 July. It is anticipated that the hearing will last 3 days but we will not know on which day of the week it will start until possibly as late as the day before. As soon as we know the date and precise location of the Court we will post it here.
Free the Quay will be represented at the hearing by Richard Wald, a barrister with wide experience of the relevant issues and by Richard Eaton of Birketts LLP in Ipswich who have so ably and consistently represented and supported FTQ throughout our battle to regain enjoyment of the Quay for the people of Mistley.
Free the Quay has been fortunate in having such a large body of supporters for our cause in the nearly 10 years since the fence was erected. Whilst it is appreciated that a mid-summer journey to the Court of Appeal in London is probably not at the top of everyone’s holiday plans, any support at this hearing, which is open to the public as a whole, will be greatly appreciated and will be of interest to those who have followed the argument from the early days.
Support us by coming to our next event
This year's Jazz Picnic will take place on Sunday 15 July from 12.30 pm - 4.30 pm in the stunning gardens of Ballister House, Bradfield.
We are delighted to announce that the fabulous Quay Notes will be performing again, as well as Chris Strachan on trumpet and Frank Weatherley on saxophone with further acts to be confirmed.
This is a family event, children under 8 are free, come by foot, car or boat (high tide is at 14.15 - hard accessible 3 hours either side of high water) bring your own picnic and drinks and enjoy the stunning views of the Stour while listening to some wonderful jazz and blues and you can still be home in time to watch the final of the football world cup.
Tickets are £12.50 for adults and £6.00 for children over 8 and can can be obtained by emailing firstname.lastname@example.org or from the Mistley Kitchen Shop, High Street, Mistley.
No dogs please!
The residents of Mistley are once again opening their gardens to the public - it is a great day out for all the family and there will be some new gardens that have not been open before as well as a "Find the Swans" treasure hunt.
The fight to keep Mistley Quay a village green continues in the Court of Appeal in July and all the costs for the legal action are being borne by local residents and supporters far and wide - please continue to the support us in our opposition to a fence on the Quay.