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Attn : Mr. T. Brice
24 Hummingbird Road,
Luton,
Bedfordshire,
LU5 5FP
11th November 2003
Dear Mr Brice,
Thank you for your letter dated 9th November 2003, regarding your enquiry as to whether you legally have the ability to challenge the decision of the CLA (Crop Licensing Agency), after their refusal to consider your objection against the intended genetically modified crop in your area.
I am pleased to inform you that you may indeed be able to challenge the CLA's decision. The way in which to do this is to make an application for judicial review . As you feel that you have suffered a grievance at the hands of a public body, this being the Crop Licensing Agency. Historically, the basis of the courts intervention in such a case was the ultra vires doctrine . This means a body is exercising statutory powers that go beyond the Act, then the courts could intervene. In this case I believe that the Crop Licensing Agency might have taken the wrong decision through an oversight that they made. The doctrine of ultra vires is in place not simply to control the scope of power being exercised but also to control the way in which the power was being used...