After having spent £35,000 of crowdfunded cash on a failed attempt to have Lambeth low traffic neighbourhoods (LTNs) ruled illegal, campaigners are now seeking to raise £14,500 for an appeal against the judgement.
The sum would have been much greater if they were not receiving legal aid.
OneLambeth’s appeal says that the judge in the case, Justice Kerr, granted leave to appeal against two aspects of his ruling:
- whether experimental traffic orders (ETOs) made by Lambeth council are invalid because they are not experimental; and
- an application for a judicial review of how the council made decisions on LTNs.
Central to the case is the plight of Sofia Sheakh, who lives just outside the Railton LTN in Brixton and suffers from health conditions affecting her lungs and mobility.
OneLambeth said that it is “extremely unusual” for a High Court Judge to grant leave to appeal against their own ruling.
“The fact that we have been given leave to appeal immediately against the entire judgement is very positive and relates to recognition of the national significance of the impact of LTNs on disabled residents and others across the UK,” it said.
“An appeal win could influence how LTNs are implemented across London and other UK cities, and even whether the schemes are allowed to continue.”
OneLambeth said barrister Tim Buley, QC, of Landmark Chambers, had advised it that:
1. There is a good prospect that an appeal would be successful as the Appeal Courts often views legal points in a different light to the High Court.
2. The costs would be approximately £14,500, including the £5,000 cost of losing the appeal. Costs would normally be much higher, but the Legal Aid Authority, which has covered some of the costs of the case to date is likely to continue to provide funds for an appeal.
3. There is a small possibility that the European Human Rights Commission would fund the case.
OneLambeth said its supporters gave “overwhelming support” to continue the fight by launching a new fundraising appeal.
It has instructed its solicitor to prepare paperwork for an appeal which must be completed by 16 July.
OneLambeth said the appeal is likely to be heard in early autumn with a judgement in October or November.
““The fact that we have been given leave to appeal immediately against the entire judgement” are contradicted by this statement further up “Justice Kerr, granted leave to appeal against two aspects of his ruling”.
So which is it? Perhaps the only parts of the original Judicial Review still standing relate to the implementation of the traffic order in the first LTN at it’s earliest stage and the disability discrimination argument. Neither of these would cause the LTNs as a whole to be removed.
I think OneLambeth are being very economical with the truth.
There’s been some over-summarising. The appeal is against one element: whether Lambeth breached their public sector equality duty. This applies to all the LTNs.
But even if the duty was breached, that wouldn’t necessarily result in the LTNs being quashed, because Lambeth say they’re still reviewing the equality impacts.