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High Court hears strike out of Airports judicial review

DATE: 20 Jan 2017

The High Court (Cranston J.) yesterday heard an application made by the Secretary of State for Transport to strike out, under CPR 3.4(2)(a), a judicial review claim brought by the London Boroughs of Hillingdon, Wandsworth and Richmond, the Royal Borough of Windsor and Maidenhead and Greenpeace. The judicial review seeks to challenge on the decision of the Secretary of State on 25 October 2016 to select for inclusion in a draft National Policy Statement the Heathrow North West Runway scheme. The judicial review raises grounds based on: (i) air quality; and (ii) breach of legitimate expectation. The Secretary of State contends that the claim is one the Court has no jurisdiction to hear at this time because of the preclusive provision in s. 13 of the Planning Act 2008. Judgment has been reserved. 

James Maurici QC and Heather Sargent appeared for the Secretary of State for Transport (David Blundell and Andrew Byass are also instructed by the Secretary of State).

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