A challenge which could prove to be a legal stumbling block for the forthcoming inquiry into the acquisition of land for the £1bn Thameslink 2000 project, is under way at the High Court.
The Cathedral Area Residents Association and an individual protestor, Michael Challenger, are objecting to compulsory purchase orders in respect of their properties.
The claimants say that Railtrack has failed to provide proper up-to-date information on the Thameslink 2000 proposals and a possible alternative route, and question Railtrack’s compliance with environment rules.
Further, the claimants allege that they have been unable to obtain funding for legal representation at the inquiry scheduled for 27 June 2000. They claim that unless they are legally represented they will not get a fair opportunity to present their case, in breach of Article 6 of the European Commission for Human Rights, and will be put at an unfair disadvantage in circumstances in which they risk being deprived of their property rights.
On the question of funding, they say Railtrack has refused to make a contribution on the basis that it would establish a costly precedent and they say that other funding sources have been explored, including legal aid, but without success.
The claimants seek a declaration that without legal representation the inquiry convened by the Environment Secretary would not constitute a fair hearing, and have asked the court for an injunction preventing it going ahead unless arrangements are put in place for it to be heard in accordance with Article 6.
The hearing continues.
R v Secretary of State for the Environment, Transport and the Regions and another, ex parte Michael Challenger and the Cathedral Area Residents Association Queens Bench Division (Harrison J) 13 June 2000
PLS News 14/6/00
