Importantly, he found, following the hearings in February
, that the consultation should have included reference to the possibility of banning or capping rent in queues.
Rusal had claimed that the consultation on the proposed linked load-in load-out rates for LME-listed warehouses – referred to as "the Charles solution" in reference to Charles Li – was unfair
, that the new policy should be removed and that the LME should be made to carry out a new consultation.
It also claimed that its human rights would be breached
under the European Court of Human Rights by the implementation of the new rules.
Mr Justice Phillips said in his 22-page judgment that “the LME’s consultation was one where, in the particular…context in which it arose, fairness demanded that the consultation should encompass what the LME in due course recognised to be ‘the most practical suggested alternative to the Proposal’”.
This means the consultation...