Luton Airport Litigation Update

On 19 May 2026 the Court of Appeal (Lewison, Bean, Holgate LLJ) refused to grant the Appellant (LADACAN) an extension of time to pursue an application for permission to appeal to the Court of Appeal. The High Court decision of Mrs Justice Lang upholding the grant of the DCO for the expansion of Luton Airport therefore stands. The Court’s reasoning was issued on 21 May 2026.

The Appellants had issued their application for permission to appeal Lang J’s judgment 16 days after that judgment was handed down. That would have been fine under the old civil procedure rules (“CPR”). However, part 52 of the CPR was updated mid-way through last year to reduce the time for an appeal to the Court of Appeal relating to a challenge to a DCO from 21 to 7 days. The appeal was therefore out of time. Upon realising the Appellant made an application for an extension of time and relief from sanctions to the Court of Appeal.

The Court rolled up the extension of time application, the permission to appeal application and the appeal and listed the matter for a two-day hearing to be heard yesterday and today. However, after a morning of submissions on the extension of time application the judges confirmed after lunch that the extension would not be granted and permission to appeal would be refused. Full reasons are expected in the next few days.

In a climate where the Government is keen to bring in more restrictions to judicial review challenges this matter serves as a reminder to keep abreast of any changes to the rules.

39 Essex Chambers’ barristers James Strachan KC and Victoria Hutton acted for the Secretary of State.

The judgment is available here.