Charity calls for High Court to live-stream Heathrow 3rd runway legal challenge
Date added: 4 February, 2019
A High Court challenge to the government’s approval of a Heathrow 3rd runway could be opened up to a mass audience through live-streaming for the first time, if Lord Justice Hickinbottom and Mr Justice Holgate accept a legal argument. Although the Supreme Court has transmitted its hearings since 2009, photography and recording of court proceedings elsewhere are strictly controlled by the Crime and Courts Act 2013, which only permits cases in the court of appeal to be broadcast. Tim Crosland, a barrister who is the director of the anti-climate change charity Plan B, will tell a preliminary hearing on 5 February that live-streaming from the High Court would not involve recording or creating a permanent record and was therefore permissible under the legislation. The legal challenges by environmental groups, local authorities against the DfT is due to be heard in the Royal Courts of Justice in central London over 10 days from 11th March. Only those who attend court would normally be able to hear the arguments. Hearings in the High Court have never previously been broadcast. Crosland said he believed that the more people who listened to the detail of the arguments, the more engaged they would become in environmental concerns. The climate implications of the runway decision are of considerable public interest.
A high court challenge to the government’s controversial plan for a third runway at Heathrow could be opened up to a mass audience through livestreaming for the first time if judges accept a legal argument.
Although the supreme court has transmitted its hearings since 2009, photography and recording of court proceedings elsewhere are strictly controlled by the Crime and Courts Act 2013, which only permits cases in the court of appeal to be broadcast.
Tim Crosland, a barrister who is the director of the anti-climate change charity Plan B, will tell a preliminary hearing on 5 February that livestreaming from the high court would not involve recording or creating a permanent record and was therefore permissible under the legislation.
The expansion of Heathrow by adding a third runway has been in dispute for almost two decades, with the government giving the plan the go ahead in June 2018, arguing that it is needed to enable the economy to prosper.
The judicial review due to begin on 11 March rolls up a series of legal challenges. Plan B and Friends of the Earth will argue that the increased carbon emissions from the planes are incompatible with the UK’s responsibilities to tackle climate change.
Local councils are concerned about the increased noise and air pollution for residents.
If built, the runway is expected to cost its developers £14bn and could be completed by 2026. However, taxpayers may have to fund major upgrades to the roads around the airport.
Two judges, Lord Justice Hickinbottom and Mr Justice Holgate, have agreed to hear the preliminary Plan B application on Tuesday. None of the parties in the case have objected to livestreaming and the Department of Transport is said to be neutral on the issue. The hearing is unlikely to raise privacy issues.
Crosland said he believed that the more people who listened to the detail of the arguments, the more engaged they would become in environmental concerns. He cited the example of the Urgenda trial in the Netherlandswhich, he believes, made a significant difference to media and public understanding of climate change.
“There’s nothing in law about livestreaming,” Crosland said. “The act only bans photography and recording. Friends of the Earth are supporting us in this application.
“No one wants to be in a position to say the public can’t watch because this is an important case. The [high court judge] has said that this case could have major implications.”
Fewer than 50 people are likely to be able to fit into the courtroom. Crosland pointed out that for popular hearings in the past, a video screen had been set up in a neighbouring courtroom to livestream proceedings to people who could not fit into the main one.
If the high court has the legal powers to do that, he will argue, livestreaming proceedings online is only a difference in scale rather than in principle. If the high court bans web livestreaming, then it should also stop courtroom to courtroom livestreaming.
A Divisional Court will hear the application, (for live-streaming of the Heathrow JR hearings), at the High Court on Tues 5th February, from 9.15am. All are welcome
The hearing will last 60-90minutes.
We have heard from Plan B Earth that their application to get the Heathrow legal hearings in March live-streamed – so they can be seen by everyone.
Plan B Earth are one of 5 Judicial Reviews against the government’s decision to allow a 3rd Heathrow runway. They start on 11th March and are due to take 10 days.
Plan B say there has been an important development in their application for live-streaming.
A Divisional Court (ie. Mr Justice Holgate and a Court of Appeal judge, Lord Justice Hickinbottom) will hear the application at the High Court on Tuesday 5 February, from 9.15am. The hearing will last 60-90minutes.
It is understood that Mr Justice Holgate sees the application as sufficiently significant that he will not make the decision alone.
People are asked to come to the court on Tues 5th February, before the hearing – and many to come inside too.
Please join us there – and spread the word.
A good turn out can help us make history.
Over 1,600 people requested that the hearings should not only be heard by those able to cram into two court rooms, but should be live-streamed sot hey can be seen by everyone. The case is of national importance, not least for the increased carbon emissions from an expanded Heathrow – and their impact on the UK’s carbon targets.
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Pre-trial hearing on 15th January of the 5 legal challenges against ‘unlawful’ Government decision to approve 3rd runway
January 14, 2019
Campaigners are taking the government to court in a bid to overturn the “unlawful” decision to approve a 3rd Heathrow runway. The pre-trial hearing for Friends of the Earth’s case will take place on Tuesday at the High Court, when the activists will lay out their opposition based on several grounds. There are 5 separate legal challenges being brought by a range of organisations, on grounds of climate, air quality and harm to the wellbeing of local residents. It would be virtually impossible for Britain to meet its obligations to cut emissions under the Paris climate agreement if a new Heathrow runway is built [or for that matter, one at Gatwick either]. The Government’s advisory body on climate change, the Committee on Climate Change, has warned the expansion also threatens the government’s own legally binding pledge to cut carbon emissions by 80% by 2050. Transport secretary Chris Grayling said, without any justification for his belief, that he was “confident” that technical innovations would cut aviation CO2 emissions enough, so expansion could happen without breaking the targets. Hopes that either biofuels or electric planes would enable aviation to become a low carbon means of transport are unrealistic.
