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Transport: Judicial Review

House of Lords written question – answered on 24th November 2011.

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Photo of Lord Bradshaw Lord Bradshaw Liberal Democrat

To ask Her Majesty's Government how many times in each of the past five years judicial review proceedings have been brought against the Department for Transport and its Ministers; and how many of those proceedings have resulted in orders, declarations, injunctions or the awarding of damages.

Photo of Earl Attlee Earl Attlee Lords Spokesperson (Department for Transport), Lord in Waiting (HM Household) (Whip)

During the past five years-that is, the financial year 2007-08 to this point in the current financial year-89 new judicial review cases were opened against the Department for Transport and its seven executive agencies.

To provide all of the information requested about the outcome of each judicial review case for the period in question would, I regret, incur a disproportionate cost. However, the following information about decided cases in the superior courts (High Court; Court of Appeal and the Court of Justice of the EU) is readily available.

Year Case Outcome
2007 (Centro) v Secretary of State for Transport & Anor [2007] EWHC 2729 (Admin) (21 November 2007) Permission to seek judicial review was refused.
2008 R (on the application of London Borough of Wandsworth) v Secretary of State for Transport [2008] EWHC 1292 (Admin) (23 May 2008) The Claimant's application for judicial review was dismissed.
2009 R (First Essex Buses Ltd) v Secretary of State for Transport & Anor [2009] EWHC 3024 (Admin) (25 November 2009) The Claimant's application for judicial review was dismissed.
2009 Barbone & Anor (on behalf of Stop Stansted Expansion) v Secretary of State for Transport & Anor [2009] EWHC 463 (Admin) (13 March 2009) The Claimants' application for judicial review was dismissed.
2009 R (Yollari & Anor) v Secretary of State for Transport & Anor [2009] EWHC 1918 (Admin) (28 July 2009) The Claimants' application for judicial review was dismissed.
2009 R (Paul Bryant) v Secretary of State for Transport [2009] EWHC 3586 (Admin) (21 August 2009) Permission to seek judicial review was refused.
2009 R (Wiltshire Branch of the Campaign to Protect Rural England & Geoff Yates) v Swindon Borough Council (Defendant) and Taylor Wimpey, Wiltshire County Council & the Highways Agency (Interested Parties) [2009] EWHC 1586 (Admin) (26 June 2009) The Claimants' application for judicial review was dismissed.
2010 Afton Chemical Ltd v Secretary of State for Transport [2010] All ER (D) 73 (Jul) (8 July 2010) The Court of Justice of the European Union ruled on a preliminary issue relating to a reference for a ruling on whether permission to allow a judicial review application should be granted.
2010 R (London Borough of Hillingdon & Ors) v Secretary of State for Transport & Anor [2010] EWHC 626 (Admin) (26 March 2010) Judgment in the judicial review application that, until a national policy statement under the Planning Act 2008 was concluded, the Secretary of State could not limit the scope of the permissible debate about airport expansion.
2010 Certain Bus Operating Companies in the Stagecoach Group & Ors v Secretary of State for Transport & Anor [2010] EWHC 223 (Admin) (16 February 2010) Against the wider context of multiple judicial review applications, the court's judgment was that the Secretary of State's interpretation of the applicable legislation was to be preferred. In the light of this judgment, the judicial review applications were not continued.
2010 R (Yollari & Anor) v Secretary of State for Transport & Anor [2010] EWCA Civ 1093 (12 October 2010) The Claimants' appeal against refusal of judicial review application was dismissed.
2010 Beckley Parish Council v Secretary of State for Transport & Ors [2010] EWHC 606 (Admin) (05 March 2010) The original judicial review application (9 January 2009) related to a grant of planning permission and was dismissed. This judgment relates to the Secretary of State's discretion under the planning legislation. The court upheld the exercise of the discretion.
2010 Global Knafaim Leasing Ltd & CGTSN Ltd v Civil Aviation Authority & BAA Ltd (Defendants) & Eurocontrol, NATS (En Route) plc, NATS (Services) Ltd & Secretary Of State for Transport (Interested Parties) (5) Aviation Working Group (Intervener) [2010] EWHC 1348 (Admin) (11 June 2010) The Claimants' application for judicial review was dismissed.
2010 Neil Herron & Parking Appeals Ltd (Claimants) v Parking Adjudicator (Defendant) & Sunderland City Council, Parking & Traffic Appeals, Traffic Penalty Tribunal, NCP Service Ltd & Secretary of State for Transport (Interested Parties) [2010] EWHC 1161 (Admin) (25 May 2010) The Claimants' application for judicial review was dismissed.

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