Opponents of the scheme, including the HS2 Action Alliance, contested the legality of the details relating to the government’s use of the hybrid bill procedure and the environmental assessment.
All seven law lords of the Supreme Court sided with the government.
Responding to the ruling, transport minister Baroness Kramer said: “We welcome that the Supreme Court has unanimously rejected the appeal, which addressed technical issues that had no bearing on the need for a new north-south railway. The government’s handling of the project has been fully vindicated by the highest court in the land.
“We will now continue to press ahead with the delivery of HS2. The new north-south line will provide extra space for more trains and more passengers to travel on the network, delivering additional capacity where it is most needed. HS2 will also generate thousands of jobs across the UK and provide opportunities to boost skills.
“It is part of the government’s long-term economic plan to build a stronger, more competitive economy and secure a better future for Britain. HS2 is also essential in helping rebalance UK growth - bringing greater prosperity to the Midlands and the north - and we are continuing with the crucial business of getting the scheme ready for construction in 2017.”
Following a Court of Appeal ruling in which the government won on all seven areas of challenge, the Court of Appeal gave the appellants permission to appeal to the Supreme Court on two grounds:
- the claim that the government was required to comply with the Strategic Environmental Assessment (SEA) Directive, and failed to do so (this ground was led by HS2 Action Alliance, and supported by local authorities and Heathrow Hub Ltd)
- the claim that the hybrid bill will breach the Environmental Impact Assessment (EIA) Directive (this ground was led by local authorities, including the London Borough of Hillingdon).
Lawyer Patrick Twist, transport partner at Pinsent Masons, said the project planners still had more obstacles ahead. “The end of the judicial review challenge is one more hurdle crossed for HS2 but the plan to get Royal Assent for the hybrid bill before the election looks more ambitious with every day that passes,” he said.
"The unanimous decision by the Supreme Court to reject the appeals of HS2 Action Alliance and others brings to an end the judicial review challenges made by opponents against the HS2 project. The Department for Transport and HS2 Limited will feel that the outcome supports the way that the project has been promoted. Of 10 judicial reviews sought, only one, concerning limited aspects of the consultation process was granted. Government has taken this on board and has revised the consultation.
"The debate now moves away from any legal challenge and exclusively into the parliamentary and political arena. The next crucial event will be the second reading of the Hybrid Bill.
"The government had originally intended this to take place in early April but Parliament has recently extended the deadline for commenting on the environmental statement with the result that the second reading will not now take place until the end of April at the very earliest."
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