Eco-zealot who mounted a lengthy legal battle to try and stop A-road being upgraded at a cost of tens of millions of pounds to taxpayer applies for permission to take case to …

• Case was thrown out by Court of Appeal last month for having 'no logical basis'
• Dr Andrew Boswell's solicitors have applied to take the case to Supreme Court

By Andrew Levy[1]

Published: 20:14, 25 March 2024 | Updated: 20:15, 25 March 2024

An environmental activist whose legal battle against upgrades to an A-road have cost taxpayers tens of millions of pounds and was thrown out of the Court of Appeal for having 'no logical basis' has applied for permission to take the case to the Supreme Court[2].

Dr Andrew Boswell had 28 days to lodge the application after the humiliating ruling last month, in which the Appeal judges added his concerns had 'an air of complete unreality'.

But his solicitors submitted the request on Friday - hours before the cut-off point - extending the disruption the case over the A47 in Norfolk has caused.

Norfolk County Council leader Kay Mason Billig said she was 'exasperated' at the turn of events and 'needs to accept that he has lost this one'.

Local MPs called on Green councillor Dr Boswell or his 'Party supporters' to pay the costs of any further delays caused by the long-running saga.

Dr Andrew Boswell (right) is a retired academic whose legal battle against upgrades to an A-road have cost taxpayers tens of millions of pounds

Dr Andrew Boswell had 28 days to lodge the application after the humiliating ruling last month, in which the Appeal judges added his concerns had 'an air of complete unreality'.

But his solicitors submitted the request on Friday - hours before the cut-off point - extending the disruption the case over the A47 (pictured) in Norfolk has caused

Norfolk County Council leader Kay Mason Billig (pictured) said she was 'exasperated' at the turn of events and 'needs to accept that he has lost this one'

Jerome Mayhew, the Conservative MP for Broadland, said: 'Judges have already told him that his claim has an 'air of complete unreality' and has 'no logical basis'.

'Perhaps this is why Dr Boswell has not used his own money to fund the claim, yet he's prepared to put tens of millions of pounds onto the final bill for the road and cause immense frustration for commuters.

'I would like to see Dr Boswell or his Green Party supporters, commit to reimbursing the taxpayer for the increased costs if his claim is thrown out again.

'Perhaps he would think twice if he felt responsible for the money he is wasting.'

Fellow Conservative George Freeman, who represents Mid Norfolk, described Dr Boswell as a 'villain' last month when the Court of Appeal rejected his case.

After learning about the application to the Supreme Court he said: 'This has dragged on too long. All of us who use the A47 are paying the price for Mr Boswell's need to make a point.

'On behalf of the people of Norfolk and all of us who have campaigned for years for dualling this road, I urge him to drop it.

'There is nothing 'green' about congestion, pollution, accidents and flooding on the old A47. It needs dualling.'

Planners want to dual a 1.6-mile stretch of the A47 between Blofield and North Burlingham, which police have warned is an accident blackspot.

Another 5.5-mile route would be dualled from Easton to North Tuddenham and a sliproad added off the northbound A11 to Thickthorn to replace a roundabout.

Preliminary work has started on the schemes, which backers say will improve safety, reduce congestion and boost the local economy.

Jerome Mayhew, (pictured) the Conservative MP for Broadland, said: 'Judges have already told him that his claim has an 'air of complete unreality' and has 'no logical basis'

Fellow Conservative George Freeman, (pictured) who represents Mid Norfolk, described Dr Boswell as a 'villain' last month when the Court of Appeal rejected his case

But they have been postponed for nearly two years by Dr Boswell, who has unsuccessfully stood to be an MP three times.

He is paying for the ongoing legal case with GBP70,000 of crowdfunding.

The retired academic claims studies into the plans failed to take into account their cumulative impact on carbon emissions and the construction work will add 250,000 tonnes of carbon dioxide over the next few years.

Matthew McFeeley, of Richard Buxton Solicitors, said: 'We are filing an application in the Supreme Court seeking permission to appeal on behalf of Dr Boswell.

'Despite the government promoting a number of highways schemes as a combined 'A47 improvement programme,' it is undisputed that each scheme's impacts were only ever assessed individually.

'The Court of Appeal's judgement effectively carves out climate impacts as not requiring cumulative assessment, an exception which does not appear in the rules.

'This has broad implications for infrastructure projects and their compatibility with the government's climate commitments.

'This is an issue of wide public importance and we are therefore asking the Supreme Court to weigh in.'

After losing the case in the High Court in May last year, Dr Boswell went to the Court of Appeal, leading to the withering judgement from Sir Launcelot Henderson, who heard the case with two other judges.

National Highways, the government body responsible for England's motorways and major roads, said the legal challenges had added tens of millions to the costs due to construction inflation and legal fees.

Mrs Mason Billig called on those providing financial backing to stop supporting a 'lost cause'.

She said: 'I am exasperated. This will just mean further delays and the potential for further costs and this is taxpayers' money we are talking about.

'We need to get on with it before it goes up even more. I think he just needs to accept that he has lost this one.

'I understand that Dr Boswell is enthusiastic and committed about his point of view but I believe the majority of people in Norfolk do not agree and want this work to be done.

'The law is the law and he is entitled to make this decision but judges have said time and again that his case does not have merit.

'We fight very hard to bring money to the county to improve infrastructure and safety, while boosting the economy.

If this is the way we are going to behave in Norfolk, how are we going to get more schemes done?

'I know he has been crowdfunding his costs and I hope people will see that this is a lost cause and will not back him.'

The Supreme Court is expected to make a decision about the application within the next three months.

As the highest court in the land, if it refuses to give permission to appeal Dr Boswell (pictured) will have no other legal recourse

Dr Boswell, who has a degree in chemistry and a doctorate in biophysics, worked at the University of East Anglia from 1995 to 2006 managing its computer research department.

He has said his activism began when he started collaborating with scientific groups across the campus to model global climate change.

The university was at the centre of the 'climategate' scandal 15 years ago when hackers were able to steal documents and emails that questioned work done by its Climatic Research Unit.

It later comments had been cherry-picked and promoted on climate sceptics' blogs and used to fuel doubts about global warming.

The Supreme Court is expected to make a decision about the application within the next three months.

As the highest court in the land, if it refuses to give permission to appeal Dr Boswell will have no other legal recourse.

US Supreme Court[3]

References

1. ^ Andrew Levy (www.dailymail.co.uk)
2. ^ Supreme Court (www.dailymail.co.uk)
3. ^ US Supreme Court (www.dailymail.co.uk)