Info9 Dec 2020 21:51
Wednesday 9th Dec 2020
BPC Attorney
Leif Farquharson, attorney and partner at Graham, Thompson & Company, which acts for BPC, in a November 30, 2020, letter to Fred Smith QC, the activists' attorney, argued that the Judicial Review application would "fail at the first hurdle because your clients do not have any arguable case, still less a strongly arguable case".
He added: "Even if there were merit in the proposed grounds for Judicial Review, the claim is long out of time and there is no good reason for an extension....The grounds for your threatened application first arose on February 25, 2020, when the minister made his decision. The decision was publicised at the time.
"BPC relied on the decision. Since February 25, 2020, BPC has entered into dozens of contracts with a variety of well service companies and consultants. A total of $9.1m has been incurred or contracted by BPC following receipt of the EA on February 27, 2020. In addition, its bankers, shareholders and others have relied upon the unchallenged grant of the EA in making economic decisions."