Historic Supreme Court Finch Judgment achieves triple success for Leigh Day environment lawyers

The Supreme Court ruling in favor of Leigh Day client Sarah Finch in June 2024 marked the end of her five-year legal battle against proposals for oil production at Horse Hill in Surrey, quashing the plan. This success was quickly followed by the government's concession that a plan for oil production in the Lincolnshire Wolds, opposed by Leigh Day client Mathilda Dennis on behalf of SOS Biscathorpe, was also unlawful. The government accepted Leigh Day's invitation to concede the case after the Finch judgment.

Furthermore, the government announced that, in light of the Supreme Court’s judgment, there had been an “error in law” in the decision to grant planning permission for a coal mine in West Cumbria in December 2022. Consequently, it will not be defending a legal claim against it. Friends of the Earth, represented by Leigh Day, is challenging the plan for Whitehaven Coal Mine.

These landmark successes were made possible by an earlier judicial review brought by local Cumbrian campaigner Marianne Bennett, with Leigh Day’s assistance. This led Cumbria County Council to revisit a previous decision to grant in principle planning permission for the mine, paving the way for the Secretary of State decision that Friends of the Earth ultimately challenged.

A key factor in all three cases was the Supreme Court ruling that councils must consider the climate impact of proposed fossil fuel production, including downstream greenhouse gas (GHG) emissions, when deciding whether to grant planning permission for extraction. This ruling meant Surrey County Council’s decision to grant planning permission for oil production at Horse Hill, near Gatwick Airport, had been unlawful.

All three legal cases hinged on the correct interpretation of the EIA Regulations 2017. The Supreme Court found that downstream GHG emissions are an indirect effect of the development and must be assessed before granting planning permission for fossil fuel development.

Sarah Finch, who brought the action on behalf of the Weald Action Group, was represented by Leigh Day lawyers Rowan Smith, Carol Day, and Julia Eriksen, who instructed Marc Willers KC (Garden Court Chambers) and Estelle Dehon KC and Ruchi Parekh (Cornerstone Barristers). The Supreme Court appeal was funded with support from Law for Change.

Mathilda Dennis was represented by Leigh Day solicitors Julia Eriksen and Ricardo Gama, who instructed Estelle Dehon KC and Lois Lane. Marianne Bennett was represented by Leigh Day solicitor Rowan Smith, who instructed barristers David Wolfe KC and Merrow Golden. Friends of the Earth is represented by Leigh Day solicitors Rowan Smith and Julia Eriksen, who instructed Marc Willers KC, Estelle Dehon KC, and Ruchi Parekh.

Leigh Day solicitor Rowan Smith, alongside solicitor Julia Eriksen, commented:
“Pivotal moments in climate change litigation in the UK do not come around often, but this is certainly one. All of a sudden, hard-fought campaigns to protect people and the planet from climate catastrophe are winning in the Courts, marking a seismic shift in how the judiciary is responding to the environmental emergencies we are facing. As committed environmental lawyers at Leigh Day, we are honored to play what part we can in advancing the law in this area.”

Paralegals on the environment team who worked across all three legal cases are Madeeha Akhtar and Klara Ipek.