North Warwickshire Borough Council (Appellant/Claimant) v Secretary of State for Transport & Anr (Respondent/Defendant)

Wednesday 06 – Thursday 07 May 2026

By Appellant’s Notice submitted on 11 June 2025 the Appellant appeals a decision of the High Court dated 20 May 2025, dismissing the claim for judicial review and making a costs order.

The Appellant sought judicial review of the joint decision dated 14 May 2024 of the Secretaries of State for Transport and for Levelling Up, Housing and Communities, made following an Inspector’s Report.

The proposed development comprised the Water Orton Cutting, including the Bromford Tunnel East Portal (BTEP), the Attleboro Lane overbridge, and associated works. The Inspector dismissed the appeal in respect of approval of details for the BTEP, but allowed it in relation to the Water Orton Cutting (excluding tunnel‑related works) and the Attleboro Lane overbridge. The Respondents nevertheless allowed the appeal in full, treating it as covering both the Bromford Tunnel Extension (BTE) and the BTEP.

Lower Court Judgement

Appellant’s Skeleton Argument

Respondent’s Skeleton Argument

View Hearing:

Day 1

Part 1

Part 2

Day 2

Part 1