The Secretary had imposed requirements on the Channel Tunnel operators for security and defence in the tunnel. The company argued that such a requirement must be the product of consultation between the signatory governments. The Secretary argued that it was enough that the government of France had not dissented.
Held: The Treaty clearly required consultation before the making of a joint order, and in fact an order required the positive agreement of both governments. There is a clear difference between the absence of disagreement, and the presence of assent.
Judges:
Gibson LJ, Law LJ, Nourse Sir
Citations:
Times 07-Aug-2001
Statutes:
Channel Tunnel Act 1987 11, Treaty concerning the Construction and Operation by Private Concessionaires of a Channel Tunnel Fixed Link 1986
Jurisdiction:
England and Wales
Transport, International
Updated: 08 May 2022; Ref: scu.159495