{"id":21570,"date":"2013-07-24T09:31:00","date_gmt":"2013-07-24T09:31:00","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=84e1d05e0da70da717abd52ec4d3ac7a"},"modified":"2013-07-24T09:31:00","modified_gmt":"2013-07-24T09:31:00","slug":"press-release-appeal-court-categorically-rejects-all-legal-challenges-to-hs2","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=21570","title":{"rendered":"Press release: Appeal Court categorically rejects all legal challenges to HS2"},"content":{"rendered":"<div class=\"govspeak\">\n<p>Work on a new high speed railway from London to Birmingham, Manchester and Leeds will continue after the Court of Appeal today (24 July 2013) rejected further attempts to derail the scheme.<\/p>\n<p>The court has given the government the green light to press ahead without delay in delivering the engine for growth.<\/p>\n<p>Of the 7 broad areas of challenge to the decisions on the principle of <abbr title=\"High speed 2\">HS2<\/abbr> and route for phase one (from London to Birmingham), made by 3 sets of claimants, the <a href=\"https:\/\/www.gov.uk\/government\/publications\/hs2-judicial-review-the-appeals-rulings-explained\">Court of Appeal ruled categorically in the government\u2019s favour on every one<\/a>.<\/p>\n<p>The government will be moving forward as planned with introducing legislation in Parliament later this year and getting the scheme ready for construction in 2017.<\/p>\n<p>High Speed Rail Minister Simon Burns said: <\/p>\n<blockquote>\n<p>By dismissing all 7 grounds of appeal and declining to refer the case to Europe, this is the second time in 4 months a court has rejected attempts to derail <abbr title=\"High speed 2\">HS2<\/abbr>.<\/p>\n<p>Parliament is the right place to debate the merits of <abbr title=\"High speed 2\">HS2<\/abbr>, not the law courts, and we will introduce the hybrid bill for phase one before the year is out. I urge opponents not to waste any more taxpayers\u2019 money on expensive litigation and instead work with us on making <abbr title=\"High speed 2\">HS2<\/abbr> the very best it can be.<\/p>\n<p class=\"last-child\">We continue to move forward with the crucial business of getting the scheme ready for construction in 2017 and delivering enormous benefits for the country.<\/p>\n<\/blockquote>\n<p>The Court of Appeal agreed it was lawful for the government to choose to rule out upgrading the existing network as a credible alternative to <abbr title=\"High speed 2\">HS2<\/abbr>. It also agreed with the High Court that the government\u2019s approach to consultation on the principle of <abbr title=\"High speed 2\">HS2<\/abbr> and the phase one route, and on environmental and equalities assessments, had all been carried out fairly and lawfully.<\/p>\n<p>Earlier in the year the High Court ordered the claimants to pay the government\u2019s legal costs for defending the unsuccessful grounds of challenge.  The government will be seeking to reclaim costs for having to fight these appeals.<\/p>\n<p>Phase one of the scheme is set to open in 2026, with the full Y-shaped route open in 2032 to 2033.<\/p>\n<p>The appeal hearings took place at the Royal Courts of Justice from 10 to 13 June.<\/p>\n<h2 id=\"notes-to-editors\">Notes to editors<\/h2>\n<p>Of the 7 broad areas of challenge made against <abbr title=\"High speed 2\">HS2<\/abbr>, the court ruled in the government\u2019s favour on all of the these. Three of the appeals were dismissed (see No 1 to 3 below) while the court refused the appellants permission to appeal on the other 4. The court:<\/p>\n<ul>\n<li>supported the High Court ruling that the Strategic Environmental Assessment (SEA) Directive did not apply to <abbr title=\"High speed 2\">HS2<\/abbr> and so found that the government\u2019s approach to assessing the environmental impacts of <abbr title=\"High speed 2\">HS2<\/abbr> had been lawful<\/li>\n<li>agreed with the High Court ruling, finding that the government did not have to re-consult on 51M\u2019s optimised alternative<\/li>\n<li>dismissed challenges about whether the hybrid bill process proposed for <abbr title=\"High speed 2\">HS2<\/abbr> was compatible with the Environmental Impact Assessment (EIA) Directive<\/li>\n<li>agreed with High Court ruling, finding that it had been reasonable for the government to consult on phase two route separately from the principle of <abbr title=\"High speed 2\">HS2<\/abbr> and the phase one route<\/li>\n<li>found that the government had not failed to comply with the public sector equality duty<\/li>\n<li>agreed with the High Court ruling, finding that it had not been irrational of the Secretary of State for Transport to decide to have the London terminus at Euston<\/li>\n<li>agreed with High Court ruling, finding that no significant points had been omitted from the Secretary of State for Transport\u2019s consideration of Heathrow Hub Ltd\u2019s proposal<\/li>\n<\/ul>\n<div class=\"contact\" id=\"contact_1021\">\n<div class=\"content\">\n<h3>High speed rail media enquiries<\/h3>\n<div class=\"vcard contact-inner\">\n<div class=\"email-url-number\">\n<p class=\"tel\">\n              <span class=\"type\">Press enquiries<\/span><br \/>\n              020 7944 4342\n            <\/p>\n<p class=\"tel\">\n              <span class=\"type\">Out of hours<\/span><br \/>\n              020 7944 4292\n            <\/p>\n<p class=\"tel\">\n              <span class=\"type\">Public enquiries<\/span><br \/>\n              0300 330 3000\n            <\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Green light given for HS2 by Court of Appeal.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/21570"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21570"}],"version-history":[{"count":2,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/21570\/revisions"}],"predecessor-version":[{"id":21585,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/21570\/revisions\/21585"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}