Sarah Finch has applied to the Court of Appeal to appeal the judgment. Sarah is appealing two things
- the decision itself
- the fact that the judge ordered Sarah to pay £10,000 costs to the other side rather than the £5,000 (more on both below).
The High Court judge, Mr Justice Holgate, found that the decision to permit 20 years of oil production at Horse Hill was legal as the requirement for Environmental Impact Assessment is limited to the work at the development site and does not apply to the environmental impacts of the products of the development. Yet there is no other regulatory system which does assess the total impacts of fossil fuel production, so there is a big gap between national climate policy and planning law. As this is clearly an issue of wider significance (as Mr Justice Holgate acknowledged), Sarah feels it is important enough to seek a decision from a higher court. If she is allowed to appeal, it will be examined by three judges, all senior to Mr Justice Holgate.
Mr Justice Holgate raised her liability from the £5,000 cap (which we agreed to pay if she lost) set by the Aarhus agreement to £10,000. As he had made factual errors in this, she hopes it will be overturned and the previously agreed £5,000 cap reinstated. The £5000 costs for losing in the High Court will be payable either way, but she understands that sum does not to be paid while the appeal is pending. We will pay the £5,000 to the solicitors so I am in contact with Leigh Day to arrange when that will be and how to make it.
It is the role of S&SPC to represent the
local residents and the main charge is that we seek clear, transparent legal
decisions from our Primary Councils. As there was doubt this had been done
correctly Councillors agreed to pledge up to £5,000 on the
basis the funding would only be paid if the Claimant was unsuccessful and lost
the JR.
Sarah has thanked S&SPC and said she is extremely grateful to us for our generosity and support in pledging to pay the costs. She has confirmed that should she lose the costs part of the appeal, she has some generous donors willing to contribute the additional £5,000.