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Year 1994
R v Secretary of State for Foreign Affairs ex p. The World Development Movement Ltd, Court of Appeal - Administrative Court, November 10, 1994, [1995] 1 All ER 611,[1995] COD 211,[1994] EWHC Admin 1,[1995] 1 WLR 386


CO1455/94
BAILII Citation Number: [1994] EWHC QB 1
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)
Royal Courts of Justice Strand
London WC2

Date: Thursday, 10th November 1994

B e f o r e:
LORD JUSTICE ROSE
and
MR JUSTICE SCOTT BAKER
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v
THE SECRETARY OF STATE FOR FOREIGN AFFAIRS
EX PARTE THE WORLD DEVELOPMENT MOVEMENT LIMITED
- - - - - - - - - - - - - - - - - - - - - (Computer aided Transcript of the Stenograph Notes of John Larking, Chancery House, Chancery Lane, London WC2
Telephone No: 071 404 7464 071 404 7464
Fax No: 071 404 7443
Official Shorthand Writers to the Court)
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MR N PLEMING QC and MR O DAVIES (Instructed by Bindman & Partners, London NW1 2SA) appeared on behalf of the Applicants.
MR S RICHARDS (Instructed by the Treasury Solicitor, London SW1H 9JS) appeared on behalf of the Respondent.
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JUDGMENT
Thursday, 10th November 1994.

LORD JUSTICE ROSE: There is before the court an application by the World Development Movement Ltd for judicial review of two decisions of the Secretary of State for Foreign Affairs in relation to aid to fund the Pergau Dam in Malaysia. The initial decision to grant aid was made on or shortly before 8th July 1991. The application refers to 15th July, which was the date of a press release in relation to the matter, but nothing turns on the precise date.
In early 1994 there were proceedings in public before the House of Commons Public Accounts Committee and Foreign Affairs Committee which led the Applicants' solicitors to seek an assurance from the Secretary of State that no further funds would be furnished. On 29th April 1994 the Secretary of State refused to give such an assurance, and that is the second decision which is challenged.
By the Notice of Motion the Applicants seek to have both decisions quashed and an Order preventing further payments from being made. But it may be that the Applicants will be content with a declaration that the July 1991 decision to make a grant was unlawful. In the course of the hearing before this court there have been four issues. First, whether the Applicants have standing to make the application; secondly, whether disclosure should be ordered of two minutes from Sir Tim Lankester, Permanent Secretary in the Overseas Development Administration, ("ODA") to Baroness Chalker, the Minister of Overseas Development, dated 5th and 7th February 1991; thirdly, whether the July 1991 decision was lawful; fourthly, what is the appropriate relief, if any, taking delay into account. As to the seco...
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