On 15 October 2025, the Administrative Court handed down judgment in R (HyNot Limited) v Secretary of State for Energy Security and Net Zero and Anor [2025] EWHC 2644 (Admin). Following an oral hearing, Saini J refused the Claimant permission to apply for judicial review.
The claim concerned a challenge to the decision of the Secretary of State for Energy Security and Net Zero to agree to the grant of consent for a carbon transportation and storage development in the Irish Sea. The development, part of the Hynet “cluster” of infrastructure development projects in the North West, is a core part of the Government’s commitment to achieving net zero emissions.
The Claimant had challenged the decision on the grounds that: (i) there had been a failure to assess major accidents and disasters and/or a failure to carry out a lawful public consultation, as required under regulations concerning environmental impact assessments; (ii) there had been a failure to assess the development’s cumulative effects on the climate; and (iii) there had been a failure to comply with the requirements of regulations concerning the conservation of habitats. The claim was categorised as a Significant Planning Court claim given its complexity and importance.
Saini J found that none of the grounds were arguable and on that basis refused permission to apply for judicial review. He also stated that, had it been necessary, he would have refused permission on the grounds that the Claimant had not complied with the requirement to act promptly in commencing its judicial review claim.
Naomi Hart acted for the Secretary of State, led by Charles Streeten of FTB Chambers and instructed by the Government Legal Department.
