Any appeal of the High Court’s ruling that quashed A5 road upgrade must be lodged “within six weeks of the judgement taking effect”
A decision on whether to appeal a High Court ruling on the A5 road upgrade rests with the Infrastructure Minister ahead of a looming legal deadline, it has now been confirmed.
The Belfast High Court last month quashed an Executive decision to proceed with the redevelopment of one of Ireland’s deadliest roads – on the basis that it breached Stormont’s commitment to reach net-zero carbon emissions by 2050.
It is believed any appeal of that decision will have to be lodged in early August, with the decision on whether to proceed with such an appeal resting with the Infrastructure Minister Liz Kimmins.
Read more: Why the A5 upgrade plans were quashed and what happens now
Read more: A5 road upgrade decision quashed in ‘fresh anguish’ for families of lost lives
The long sought after upgrade has been beset by delays and legal challenges for nearly two decades. There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone and forms a significant part of the route from Derry to Dublin, since 2006.
In the days following the High Court decision, the Minister Liz Kimmins said: “It is my intention that we will look at pursuing an appeal, that will require Executive agreement and we’re exploring the logistics in relation to that.”
She has now confirmed, following a series of written questions from MLAs, that the decision is hers to make.
She also confirmed any appeal “must be lodged within six weeks of the judgement taking effect”.
The SDLP MLA Daniel McCrossan has urged her to lodge an appeal without delay.
In a statement, the West Tyrone MLA said: “The A5 is a matter of life and death. Every day of delay puts more lives at risk.” He said the Minister “must now come forward without delay and confirm that an appeal will proceed.”
Responding to a written question from Mr McCrossan, the Minister said: “Following the ruling on 23 June 2025, we are working intensively with our legal team to assess the grounds for appeal and explore a range of options to address the judgement. In parallel, officials at various levels are actively engaging with DAERA colleagues regarding the Climate Change Act (NI) 2022 and the draft Carbon Action Plan to ensure alignment and clarity in our approach. These coordinated efforts aim to provide a robust basis for any legal proceedings.”
She continued: “On 11 July 2025, I wrote to Executive colleagues to provide an update and context on the judgement. In this letter I clearly set out as Minister for Infrastructure, the decision to appeal rests with me. However, given the project’s Executive flagship status and the unanimous support to proceed in October 2024, I have invited their views on a potential appeal before making my final decision.”
And, responding to another written question from the Mid Ulster MLA Patsy McGlone, the Infrastructure Minister said: “I remain committed to working constructively and collaboratively with colleagues to secure a solution that delivers the road and saves lives. Any appeal must be lodged within six weeks of the judgement taking effect.”
For all the latest news, visit the Belfast Live homepage here and sign up to our politics newsletter here.
#High #Court #ruling #appeal #decision #rests #ahead #looming #deadline #Minister #confirms
