HS2 legal challenges could be "among the last of their kind", says expert

Litigation expert Katharine Davies of Pinsent Masons, the law firm behind Out-Law.com, said that changes proposed last month by the Government would "add extra spice" to what was already an "emotive issue".

Speaking at the annual conference of the Confederation of British Industry (CBI) last month, Prime Minister David Cameron announced the introduction of measures intended to "get a grip" on applications for judicial review as part of a drive to speed up public sector decision-making. The Government plans to reduce the time limit for cases, charge more for review applications and cut the number of opportunities unsuccessful challengers are given to appeal a decision from four to two.

"The legal changes currently proposed by the Government would arguably limit exactly these types of cases, where a number of issue groups are working together to bring a challenge," Davies said. "The case goes to the heart of the debate that balances the economic imperative of infrastructure investment against proper consultation with those affected. However, the Court is likely to focus on the narrower issue of whether the consultation process adhered to all applicable rules."

The High Court has set aside seven to eight days for a judicial review hearing, with a verdict expected early next year. If the campaigners are successful, the Government could be forced to rerun its entire consultation process resulting in a potential two year delay to the £32 billion project. Legislation that will enable construction to begin is scheduled for the end of next year.

Davies said that the high-profile challenge to HS2 came at a "sensitive" time for the Government following the cancellation of the competition to run trains on the West Coast Main Line after "significant technical flaws" in the way the procurement process was conducted by officials were discovered. These issues came to light during preparatory work for a judicial review hearing brought by Virgin Trains, the incumbent operator of the line, after its bid lost out to one by rival FirstGroup.

The initial London to Birmingham phase of the 250 miles per hour HS2 line, which is scheduled for completion in 2026, will cut journey times between the two cities to 45 minutes. The proposed second phase of the project envisages the construction of an onward 'y network' connecting the line to Manchester and Leeds, as well as a spur to Heathrow Airport, by 2033.

Protest groups HS2 Action Alliance (HS2AA), the '51M' group of local authorities affected by the scheme, Aylesbury Golf Club and Heathrow Hub are challenging the lawfulness of the project on various grounds. These include environmental concerns, lack of consultation and inadequate compensation arrangements. Some of the groups have an interest in alternative routes, including Heathrow Hub, a group which wants the line to be re-routed via the airport.