TASC had applied for judicial review of the Secretary of State’s decision to grant a development consent order authorising the construction, operation and maintenance of the new Sizewell C nuclear power station in Suffolk. TASC’s application was rejected by Holgate J after a two-day hearing in the High Court ([2023] EWHC 1526 (Admin); [2023] Env. L.R. 29), and its appeal against that judgment was dismissed by the Court of Appeal in December 2023.
In an Order dated 8 May 2024 and communicated to the parties on 13 May 2024, Lord Reed, Lord Legatt and Lord Richards ordered that permission to appeal be refused “because the application does not raise an arguable point of law”.
Hereward Phillpot KC and Hugh Flanagan, instructed by Herbert Smith Freehills, represented Sizewell C Limited at each stage of the litigation, and through the examination that preceded the Secretary of State’s decision to grant the development consent order.