High Court concludes that HS2 procurement process was lawful

In Siemens Mobility Limited v High Speed Two (HS2) Limited [2023] EWHC 2768 (TCC), the Technology and Construction Court held that there was no manifest error in the rolling stock procurement run by High Speed Two (HS2) Limited (“HS2“). HS2 was found not to have breached the key principles of equal treatment, non-discrimination and transparency. … Read more

Sizewell C JR appeal dismissed

On Wednesday 20 December 2023, Sir Keith Lindblom, Lady Justice Andrews and Lord Justice Lewis dismissed an appeal brought by Together Against Sizewell C Limited (TASC). The appeal was against Mr Justice Holgate’s order of 22 June 2023 (see this blog entry here), in which he refused TASC’s application for permission to apply for judicial review … Read more

High Court considers regulatory rights of appeal

In R (Suez Recycling and Recovery UK Ltd) v Environment Agency [2023] EWHC 3012 (Admin) the High Court considered the routes by which environmental permit holders can challenge adverse Compliance Assessment Reports (“CARs“) issued by the Environment Agency (“the Agency“). The Court found in favour of the Claimant, waste company Suez Recycling and Recovery UK … Read more

Government approach found unlawful in successful water industry judicial review

In R. (on the application of Pickering Fishery Association) v Secretary of State for the Environment, Food and Rural Affairs [2023] EWHC 2918 (Admin) the High Court has upheld an application for judicial review of the Secretary of State’s (“SoS“) decision to approve a River Basin Management Plan (“RBMP“) with potentially broad implications for the … Read more

High Court considers climate change considerations in judicial review proceedings

In Jennifer Dawes v Secretary of State for the Transport Department [2023] EWHC 2352 (Admin) the High Court dismissed a challenge brought by a local campaigner on the grounds of, among others, climate change in relation to the grant of development consent for the redevelopment and reopening of Manston Airport. Key Points Public law decision … Read more

High Court rejects climate change based challenge to oil and gas licensing

The High Court has rejected the highly publicised judicial reviews by Greenpeace and Uplift to the Government’s 33rd licensing round for offshore oil and gas exploration and production, emphasising that its compatibility with net zero is a matter of judgment for the Government rather than a matter for the courts: R. (on the application of … Read more