ENVIRONMENTAL campaigners have lost their appeal to prevent the aircraft carrier Clemenceau being scrapped in the region.

The Friends of Hartlepool group had sought to stop the 800ft ageing French warship from being dismantled at Able UK's Graythorp site, in Hartlepool.

But at the Court of Appeal today a judge rejected a bid for a Judicial Review against the Health and Safety Executive.

The huge vessel has been denied entry to a number of countries for safety reasons.

However, Able UK secured a deal to break it up at its Graythorp yard.

The Health and Safety Executive (HSE) granted the company an exemption to asbestos regulations to allow the contract to go-ahead.

But protesters said the 37,000 tonne vessel is a health risk and is laden with dangerous materials and called for a Judicial Review.

Jean Kennedy, of Waldron Street, Hartlepool, who headed the campaign to keep the vessel out of the UK pledged to fight on.

She said: "The fight goes on. We're very disappointed. We've spent five years fighting to keep asbestos-related carcinogens from our shores, unfortunately we have not succeeded today. But we won't let it get us down.

"We're not finished, this is too important for our little town, which has one of the highest cancer rates in the country."

Mrs Kennedy's barrister, David Wolfe, argued that the HSE went against its own procedures by not properly examining whether there was a "reasonably practicable alternative" to dismantling the Clemenceau in Hartlepool.

However, Mrs Kennedy's appeal was dismissed by Lord Justice Rix, Lord Justice Dyson and Lord Justice Jackson, who said they would give full reasons for the Appeal Court's decision at a later date.

They made clear that, in outline, the Appeal Court's reasoning was the same as Mr Justice Wilkie's at the High Court - that the HSE was right to consider the application "in the context of the particular application before it", rather than looking at the worldwide picture.

Lord Justice Rix added: "We understand why Mrs Kennedy and those standing with her are concerned for the health of their environment and have sought to rely on the arguments in law advanced in this case."

The ruling leaves no further obstacle in front of the ship's transfer to the UK, subject to receiving a permit from the Environment Agency.

Able UK chairman and chief executive, Peter Stephenson, said: "We have always argued that the Able Seaton Port facility can become a world leader in undertaking marine recycling to the highest possible environmental standards and winning this contract has fully vindicated our vision for the yard."

Pam Waldron, head of operations for the HSE in the North-East, said: "We were confident that the procedure we had followed in getting the exemption was correct and we are pleased that the Court of Appeal has confirmed this."