Response from the High Court
We want to share an important and timely update on our legal challenge against Oxfordshire County Council. Earlier today, we received the High Court’s decision on the paper permission stage of our Judicial Review.
What has happened
The judge has refused permission for the case to proceed at the paper permission stage. This is a stage where an initial decision is made without any kind of hearing, based on an initial reading of the papers alone. This is not a final determination of the case.
What this decision does - and does not - mean
It is important to be clear about what the court has not done at this stage. The court has:
not ruled that the congestion charge scheme is lawful
not tested the evidence in open court
not heard argument from our barrister
not dismissed the case
A paper refusal simply means that the judge was not persuaded, on written material alone, that the case should proceed without further argument.
What happens next
Court rules explicitly provide for this situation. We now have the right to request an oral permission hearing, at which the decision is reconsidered by a judge in person.
This is not an appeal, but a further opportunity - expressly included in the rules - to demonstrate that the case is arguable through oral argument.
At that hearing:
our barrister can present the case directly
the judge can ask questions and probe the issues
key points can be clarified and tested
the real-world impacts can be properly examined
This is a normal and anticipated step in many judicial review cases - particularly those involving complex evidence, as this one does. Many judicial review cases that do not succeed on paper do succeed after oral reconsideration.
The court has set out clear directions for next steps. That would not happen if the case were over and the claim had been thrown out.
Funding and next steps
Preparing for an oral permission hearing requires further legal work, including refining arguments, preparing hearing bundles, and further instruction of counsel.
The court has confirmed that while our costs exposure remains capped, providing important protection, proceeding to oral permission involves defined additional costs - primarily solicitor time to renew the application and further work by counsel to prepare for and attend the hearing - and we need funds in place to take this next step.
We cannot stress enough that funding is crucial. If this congestion charge is left in place, traffic filters will follow. Residents and visitors will not be able to drive, without a £70 fine, along the length of any of the following crucial routes into and across the city: Hythe Bridge Street; St Cross Road; St Clement’s Street; Thames Street; Marston Ferry Road; and Hollow Way.
This is now a pivotal moment and we have to act quickly. Please donate if you can. Please encourage others to do the same.
Thank you
We are deeply grateful to everyone who has supported this challenge so far. Your generosity has already taken this case to the High Court and ensured that serious legal questions are being asked.
We will continue to keep you informed openly and promptly, as we have at every stage.
Thank you for standing with us.