HT-2024-000187 - [2024] EWHC 1560 (TCC)

By an application dated 21 May 2024, the Environment Agency (“the EA”) applies for an interim injunction under section 44(3) of the Arbitration Act 1996. The matter came before me on 7 June 2024 and was adjourned to a full on notice hearing upon the provision by the Defendant, High Speed Two (HS2) Limited (“HS2”) of an undertaking to “hold the ring” pending a full hearing. Since then further evidence has been served by both sides and at the on notice hearing of the application the court was provided with a hard copy bundle running to in excess of 1700 pages of evidence and exhibits. Unfortunately this bundle had not been available in a complete form in advance of the hearing.

Given the extensive evidence served in connection with the application and the detailed nature of the submissions, I reserved my decision so as to enable me to digest the evidence in more detail. This is my judgment on the application which I have produced as quickly as possible. HS2 has been prepared to extend its undertaking pending receipt of this judgment, for which I am grateful.

The EA was represented at the hearing by Ms Dehon KC and Mr Calzavara, while HS2 was represented by Mr Kimblin KC and Mr Henderson. I am most grateful to counsel for their helpful written and oral submissions.