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23 June 2023 / David Walbank KC
Issue: 8030 / Categories: Features , Criminal , Property , Judicial review
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Crime brief: 23 June 2023

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Thus far, arguably the most significant output of the HS2 project has been a stream of litigation: David Walbank KC charts the path to judicial review
  • HS2 protesters tunnelling under Euston Square Gardens.
  • Offence of aggravated trespass.
  • Scope of the ‘lawful activity’ being obstructed or disrupted.

The economic benefits of the high-speed railway HS2 may sometimes seem illusory. Nebulous phrases like ‘connectivity’, ‘capacity’ and, dare I say it, ‘levelling up’ are bandied about, while a hard-headed costs/benefits analysis is harder to come by and grows ever more elusive as project costs continue to spiral. Only history will judge whether this state-of-the-art high-speed rail link, supposedly bringing London and the North of England closer together, is ultimately seen as a marvel of modern engineering or the biggest white elephant ever to burn through our increasingly straitened public finances. However, one identifiable sub-class of our fellow citizens that it has undoubtedly benefited is the criminal lawyer. Rarely has any major construction project given rise to such a rich seam of contentious litigation.

Going underground

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