Judicial Review: Kensington High Street cycle lane removal by RBKC
Judicial Review: Kensington High Street cycle lane removal by RBKC


Latest: July 20, 2022
19th July Court Hearing (we won)....next stop Judicial Review
A huge thank you to everyone for your support via pledges and well wishes, we could not be doing this you.
In brief the court hearing yesterday (19th July 2022) was a reinstatement hearing regarding t…
Read moreWe are group of local volunteers wanting to make our streets safer, healthier and happier, now and for future generations. Better Streets for Kensington & Chelsea
Summary
RBKC removed the protected cycle lanes from Kensington High Street in December 2020, before they were fully installed, after just seven weeks of them being in place.
The beginning of our campaign
Last year, with the support of 349 generous backers we successfully raised the money we needed to kickstart our campaign on CrowdJustice.
In our previous crowdfunding we raised £12,206. This was designed to cover:
- The £10,000 of costs that could be awarded against us, if we lose the case. We understand this figure of £10,000 to be capped because we have been awarded protection under the Aarhus Convention, which limits cost exposure to those bringing environmental claims; and
- An amount for court fees, much of which has already been spent
- Our legal team continue to retain the £10,000 as security in the event we lose the JR and the court awards RBKC costs capped in line with the Aarhus Convention.
Why are we still fighting
The Kensington High Street cycle lanes were the only safe segregated lanes on any of RBKC's roads and they formed an essential part of the East-West corridor used by thousands of people every day, providing the only safe cycle route across west London. For many it made cycling an option for the first time.
Since then TfL has completed other sections of this East-West corridor in Hammersmith and Chiswick meaning C9 now stretches continuously from Hounslow to Stratford with one exception. Kensington High Street is now the only section of the C9 with no protected cycle lane, this puts Londoners in unnecessary danger and undermines efforts to respond to the climate emergency RBKC declared in 2019.
Why we are raising again
As we explain in our newsletter, we now need to re-start our fundraising efforts:
- We have a hearing on 19th July for the reinstatement of our case, and there are costs associated with that; and
Over the past 18 months we have been working behind the scenes to progress the case supported by a pro-bono legal team.
- Assuming our case is re-instated, for the substantive hearing we can no longer rely on entirely pro-bono legal support
How your contribution will help
Our first target is therefore the costs relating to the reinstatement hearing. Our new legal team is co-ordinated by Leigh Day solicitors, and the fees for this hearing (including those of our barristers, and the preparatory work they have done) are £5,000 plus VAT (so, £6,000).
We are very grateful to Cycling UK who have committed £2,500 to this new fundraising effort. This does however leave a funding gap to cover these hearing costs.
We hope we are successful on Tuesday for our reinstatement. If this is granted, we will look to fundraise for a further amount to cover costs of the substantive hearing. As we have done a great deal of work over the last 18 months with our pro-bono legal team, the amount we expect to need to fundraise for this is much lower than would ordinarily be the case for a Judicial Review, but it will be larger than the amount we are seeking to raise in the first instance for the reinstatement hearing.
We are truly sorry for the administrative oversight that has triggered this reinstatement question. We are very disappointed that RBKC did not agree to the reinstatement, which is why we are having to incur the expense of a hearing. As with previous efforts RBKC is very clearly attempting to deny a community group an ability to scrutinise their decision making by pricing us out of the courts. We are also hugely grateful to the hundreds of you that have supported us so far.
If you are able to contribute further, however small an amount, we would be enormously grateful.
Get updates about this case
Subscribe to receive email updates from the case owner on the latest news about the case.
Be a promoter
Your share on Facebook could raise £26 for the case
I'll share on Facebook
Better Streets for Kensington and Chelsea
July 20, 2022
19th July Court Hearing (we won)....next stop Judicial Review
A huge thank you to everyone for your support via pledges and well wishes, we could not be doing this you.
In brief the court hearing yesterday (19th July 2022) was a reinstatement hearing regarding the judicial review. Owing to some minor issues explained in the newsletter below, RBKC was endeavouring to get the JR thrown out on a technicality rather than face proper scrutiny of their decision making.
We won. This means we can proceed to the judicial review.
For a more detailed update here is our newsletter Court victory today - and next steps (mailchi.mp)
As outlined, in order to prepare for the JR we will increase the stretch target and we continue to work with all stakeholders to seek action on Kensington High Street.
Thank you from Better Streets for Kensington & Chelsea
Get updates about this case
Subscribe to receive email updates from the case owner on the latest news about the case.
-
Anca pledged £35Match Anca's pledge of £35This is so important, I would not be cycling if not for safety measures like protected cycle lanes.
-
Mike pledged £35Match Mike's pledge of £35Cycling in safety is better for everyone
-
Joanne pledged £50Match Joanne's pledge of £50GOOD LUCK, FINGERS AND TOES CROSSED!!!!!!!!!
-
Geoff pledged £10Match Geoff's pledge of £10Keep up the good work
-
Richard pledged £10Match Richard's pledge of £10May pedal power be properly protected
-
Charles pledged £50Match Charles's pledge of £50Good luck!
-
Jeremy pledged £20Match Jeremy's pledge of £20Good luck
-
Someone pledged £50Match their pledge of £50The more cycle lanes are created, the more people will cycle, and the more pollution will decrease
-
M pledged £10Match M's pledge of £10Good luck with this and for protecting the rights of cyclists
-
Mike pledged £25Match Mike's pledge of £25Go get em!!
-
Someone pledged £50Match their pledge of £50Venceremos!
-
Lars pledged £25Match Lars's pledge of £25I cross the Royal Borough every day and expect better from its representatives in terms of bicycle safety!
-
GEORGE pledged £10Match GEORGE's pledge of £10Every victory in getting workable cycling infrastructure is worthwhile, even if it's outside your area.
-
CATHERINE pledged £10Match CATHERINE's pledge of £10This is very important. Active travel is very important
-
Peter pledged £100Match Peter's pledge of £100Thank you for doing this for all of us.
-
Adam pledged £25Match Adam's pledge of £25The very best of luck with this case and I very much hope you win for all of us who cycle and walk. Turn the tide against excessive congestion and pollution from unnecessay car journeys!
-
Richard pledged £50Match Richard's pledge of £50Good luck ! this is important
-
Alan pledged £5Match Alan's pledge of £5Thanks for fighting short sighted council decisions and undemocratic illogical costly behaviour.
-
Alfred pledged £100Match Alfred's pledge of £100More power to you
-
Someone pledged £25Match their pledge of £25Good luck
There are no public comments on this case page.
Recent contributions