Alliance of local groups threatens two JRs over High Speed 2 line

An alliance of more than 70 local groups has unveiled plans to seek two separate judicial reviews of the Government’s decision to go ahead with the High Speed 2 rail project.

HS2 Action Alliance said it had raised more than £100,000 to pursue the claims. The group has appointed high profile lawyers to advise on the proceedings.

The first claim relates to environmental issues in relation to the project. The alliance will argue that the Department for Transport failed to comply with the requirements of the Strategic Environmental Assessment (SEA) Regulations 2004 and the Conservation of Habitats and Species Regulations 2010.

In this instance HS2AA has appointed law firm SJ Berwin and David Elvin QC of Landmark Chambers.

The second claim involves a demand for a fair deal on compensation for those affected by the project.

In this case the alliance has suggested that inadequate information was provided in the Government’s consultation and that this prevented the public from giving a meaningful response.

“The decision was without proper justification, ignored their own criteria and relied on new undisclosed material,” HS2AA said.

“Further, the decision did not meet the expectations that had been created by Government, who had promised a fair deal for those suffering losses due to a project alleged to be in the public interest. If all the information had been provided, then the public could have responded to the questions and a different decision should have been reached.”

Law Leigh Day & Co and David Wolfe QC of Matrix Chambers are acting in these proceedings.

In a statement HS2AA said: “Ordinary people are frustrated that the Government are not listening and are joining together to fight this unacceptable waste of taxpayers’ money.”

A complaint has also been made to the European Commission by BBOWT – Berks, Bucks and Oxon Wildlife Trust – over the UK Government’s alleged non-compliance with the SEA Directive.

The Department for Transport already faces judicial review proceedings over High Speed 2.

In February an alliance of 19 local authorities called 51m threatened legal action against the Government if the decision to proceed was not rescinded. They argue that there was inadequate consultation and the case for the line represented poor value for money.

Later that month the London Borough of Camden sent a letter before claim to Transport Secretary Justine Greening, setting out what it claimed were ‘legal flaws’ in the decision to go ahead with the line.

The Government has so far dismissed all threats of legal action.