Malcolm Dowden follows the latest disputes surrounding the HS2 rail link
The government has announced the routes for both phases of the HS2 rail link, and succeeded on nine points out of the 10 decided at judicial review in R (Buckinghamshire) v Secretary of State [2013] EWHC 481 (Admin), [2013] All ER (D) 185 (Mar). The court found that the government’s consultation on compensation issues had been inadequate. The government is revisiting that issue rather than appealing the decision, considering that a renewed consultation would be more cost and time-effective. Nonetheless, the project has a long way to go. Even if there are no legislative delays trains will not run along the London to Birmingham section until 2026. While legislation is pending, and as construction proceeds, there is significant scope for disputes over compulsory purchase, compensation and land access rights.
Freedom of information
Protesters have already turned to the law on grounds other than those covered in the judicial review. A Staffordshire protest group has obtained an order requiring HS2 to disclose its criteria for determining the distance either side of the proposed line
