Judicial Review

August 4th, 2020

In R ( Packham ) v SoS for Transport (2020) EWCA Civ 1004 a Judicial Review challenge by an environmental campaigner  of the continuation of the construction of HS2 failed. The claim had been issued promptly, but a decision whether to proceed with such a project project is a matter of political judgment on a matter of national economic policy for which the SoS is accountable to Parliament. There would be only low intensity review by the Courts, with a broad margin of discretion for the SoS. The Government had not erred in its approach to environmental effects and the Paris Agreement on Climate Change.

Another judicial review challenge to HS2 works succeeded in R ( Hillingdon LBC) v SoS for Transport (2020) EWCA Civ 1005 on planning grounds.

Comments are closed.