‘At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus. The Government advises against all international travel. In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about climate change and, of course, it is. But it is also a case which yields learning in a host of other areas. This short piece highlights one of them. It is this question: in a technical or scientific case, how closely will the court mark the parties’ homework? Is it ‘tick and flick’ or PhD viva? As always, lawyers have coined their own term – ‘intrusiveness of review’.’
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No. 5 Chambers, 19th March 2020
Source: www.no5.com