Both sides claim wins in hS2 judicial review

At the High Court last Friday, Mr Justice Ouseley ruled in favour of the Government and HS2 in nine out of ten 
challenges into the legality of the project.

Just one challenge over consultation was upheld in favour of protestors who launched the judicial reviews in December.

The judge ruled that the consultation process was unfair because not enough information was provided to consultees, and that the criteria by which compensation options were considered were not adequately explained.

Rail minister Simon Burns described it as a “landmark victory for HS2 and the future of Britain” and said there will be “no delays” to the project as a result of the challenges.

Mr Burns added: “The judge has categorically given the green light for the government to press ahead without delay in building a high speed railway from London to Birmingham,”

But Cubbington Action Group Against HS2, which put money towards the legal proceedings, has congratulated the HS2 Action Alliance (HS2AA) group for its “achievement” in the High Court.

Peter Delow, the action group’s chairman, said: “In an embarrassing ruling for the Government, the court found that the consultation and decision-making process that it had run on the compensation proposals for those affected by HS2 was ‘so unfair as to be unlawful’. We are pleased that the Government has accepted the court’s ruling, and will be rerunning the compensation consultation.”

Mr Delow said that while the court did not rule in favour of the action alliance on the important environmental aspects of its application it had found that the Government had not complied with EU environmental law.

Mr Delow added: “It is clear that this important revelation requires further scrutiny by higher courts, including possibly those of the EU, and HS2AA has been granted leave to appeal to ensure that this scrutiny can be applied.”

Villagers in Offchurch and Cubbington are among those who will be affected by the high-speed rail project.

In Burton Green, 60 households are entitled to a Government buy-out as part of the compensation scheme. Commenting on the court ruling Hilary Wharf, director of HS2AA, said: “The judgement is a huge victory for the hundreds of thousands of people whose lives are blighted by HS2. The Government’s shabby attempt to railroad through an inadequate compensation scheme while ignoring the views of ordinary people have been judged to be unlawful.”