Save Stonehenge World Heritage Site Ltd and another -v- Secretary of State for Transport

High CourtKing's Bench DivisionPlanning CourtTransmission Direction Order

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Claim number: AC-2023-LON-002495

In the High Court of Justice
King’s Bench Division
Planning Court

29 November 2023

Before:

The Honourable Mr Justice Holgate

Between:

The King on the application of
Save Stonehenge World Heritage Site Ltd
and
Andrew Rhind-Tutt

-v-

Secretary of State for Transport

and

National Highways Ltd
and
Historic England
(interested parties)

Order

FURTHER to the Order of 26 October 2023 which directed a hearing in the claim which has been fixed for 12-15 December 2023 (“the Hearing”)
WITHOUT A HEARING IT IS ORDERED that:

  1. Any request by a person not taking part in the proceedings (“an applicant”) for a direction under s.85A(3)(b) Courts Act 2003 for permission to watch or listen to the Hearing remotely (“a transmission direction request”) must be made in accordance with Paragraph 2 of this Order by 10.00am on Monday 11 December 2023.
  2. Transmission directions requests must be sent to gregor.donaldson@justice.gov.uk and must include the following:
    a. The full name of the applicant;
    b. The email address of the applicant;
    c. Information as to whether the applicant would be located within the jurisdiction of England and Wales at all times when observing the Hearing remotely (if a transmission direction were to be made); and, if not, details of the applicant’s location;
    d. Any information the applicant wishes to provide in support of the request, including in particular any reasons(s) why it is said that making such a direction would be in the interests of justice; and
    e. A statement by the applicant in the following terms:
    “I agree and undertake to the Court that, if permitted to observe the Hearing remotely, I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so may be an offence and/or contempt of court, punishable by imprisonment and/or a fine. I will abide by any directions given to me by the Court during the Hearing.
    I agree and undertake to the Court that I will not provide the link that I am given to access the Hearing to any other person.”
  3. A transmission direction request that is not made by the deadline imposed by Paragraph 1 of this Order and/or does not comply with Paragraph 2 of this Order may be refused. Any transmission direction request made otherwise than in accordance with the directions in Paragraphs 1 and 2 must be made by way of Application Notice

Reasons

  1. The Court anticipates that there may be interest from media representatives and members of the public in observing remotely the Hearing. To comply with the relevant legislation and manage the process, I have set out a procedure whereby anyone who wishes to observe the Hearing remotely can make a transmission direction request.
  2. The Court will not normally grant a transmission direction request to an applicant who will not be in England & Wales during the Hearing. Anyone making such a request who will not be in England & Wales must provide information, under para. 2(d) above, as to why it would nevertheless be in the interests of justice to grant him/her a transmission direction order.
  3. Late requests are likely to be refused unless there are compelling reasons, because they cause disruption to the Court’s work.

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