About Us

Class Action HS 2 (“CAHS2”)

 

CAHS2 is a not-for-profit entity, with the aim that all money raised will be utilised to enable an effective challenge and prosecution of HS2 Ltd and the Secretary of State for damages based on the loss of value of our properties under the Human Rights Charter.

We won’t go into the whys and wherefores as to why HS2 is a folly, as we are sure you are aware of those issues based on the work undertaken by the various national campaigns working against HS2 (Please see HS2AA Ltd and Stop HS2 Ltd, and 51M websites for this information).

CAHS2 has been set up by 3 individuals who live in Staffordshire, Trevor Forrester, Stephen Bailey and Nick Rafferty, and like you we are all blighted by HS2. After talking to national action groups and listening to the misery suffered by Local Action Groups on Phase 1 of the route, as well as meeting many individuals blighted as we are by the HS2 preferred route, we decided that we should take legal advice as to the possibility of launching a class action style suit, with CAHS2 representing all owners within the general blighted areas, for loss of value of our properties, under a Human Rights Action. 

As of 26 June 2013 all costs incurred in setting up the website, database, marketing, legal and administration have been borne by us. As we move forward, necessary and appropriate costs will need to be paid on behalf of CAHS2 to enable the effective legal challenge.

For complete transparency, we will publish regularly details of any income and all donations we receive as well as details of the expenses incurred.

At the end of the process we would like to donate any excess funds of CAHS2, after all costs are accounted for, to five charities (Cancer Research UK, Great Ormond Street Hospital, Birmingham Children’s Hospital, British Heart Foundation and Help for Heroes).

CAHS2 will ensure that the government and the supporters of HS2 fully understand the level of blight and misery that HS2 is bringing to hundreds of thousands of affected individuals.  Compensation for blight must be fair and irrespective of any mythical boundary, and fair compensation must be made available for our financial losses resulting from HS2.  The compensation blight should and must be factored in to the government’s business case and if the cost is too much to bear then the scheme must be deemed too expensive for the nation.

 

Why Call it a Class Action

 

A full Class Action is an American method to bring together all damaged and affected parties who all become litigants, and are in that case an enjoined part of the action. However, we will run this under English Law, and have created CAHS2 to prosecute the case.  This means that there will be no liability on any individual as it will be CAHS2 undertaking the legal prosecution.

There is within the current compensation scheme a safeguarded area of some 120 Meters, which carries fair compensation.

Outside of this safeguarded area we have termed this the “Twilight Zone” where a request for compensation becomes very wooly, and for all intents and purposes is not available, yet we have seen payments out as far as 800 meters but others refused, which is discrimination and another Human Rights issue.

Your plight here is referred to as Generalised Blight, which HS2 say won’t be an issue when it’s built, and even if you can’t sell they say “it’s not our problem”, so you need to wait until it’s built, and then ask again (2026 for phase 1 and 2035 for phase 2 if everything goes to plan). This is a violation of your human rights.

We will work with you, owners with Generalised Blight, so please sign up so we can openly say we have 300,000 homes standing behind us and hundreds of thousands of affected people who want fair justice for our properties when we decide to sell, no matter whether we want to relocate, upsize, downsize or for whatever reason.

We recognise that as a nation we require inward investment to kick-start the economy, but HS2 leaves thousands of homes blighted through Generalised Blight with an absence of full and fair compensation for those affected. That in itself breaches our Human Rights although the Government will say otherwise, and attempt to show where such a challenge was defeated previously.  We will argue that this bears no resemblance to 350 miles of devastating Generalised Blight of our properties caused by HS2 and we will identify cases where there have been successful legal challenges.

This is not an action or fight any of us have sought, but it is necessary as the government will not provide a just and fair compensation scheme for property owners affected by the blight of HS2. We simply seek fair justice through legal channels for the 300,000 or so estimated properties owners that are suffering the stress and financial losses resulting from HS2. To seek this justice is a very costly exercise and beyond the means of most people in this country, but by uniting together we can mount a formidable legal challenge through the vehicle of CAHS2 to the government and HS2 Ltd.  We will be asking for donations to support the legal challenge, only once we have received full advice notes from the QC – see Stage 2, and ask that you donate as little or as much as you can, whether it is £5 or £500+ it doesn’t matter, every donation will make a difference.

 

CAHS2 – Stage 1

 

CAHS2 asks at Stage 1 of the process that all property owners enter their property details on to this website in order that the scale of the number of properties and values affected can be reasonably estimated.

All data is held in the strictest of confidence and your individual information will never be disclosed or released by us to any 3rd party.  The collection of your details at Stage 1 is purely an information gathering exercise and there is no financial commitment or payment required from you and does not establish any legal or client relationship.

Once all the information is gathered and verified we will publish summary results of the numbers and values involved, and for the avoidance of doubt your personal data will never be disclosed to any 3rd party by us.

Guidance relating to the distance from the track

 

When completing the form for Stage 1 details you must enter the distance your property is to the track.  If you are unsure there are several options you can undertake:

1. We have teamed up with Ground Sure Ltd, who will provide a full report for you with maps and charts highlighting your property position to the track and the running speeds of the trains.

The cost for this report is £15.00 plus VAT (£1.50 will be paid as a donation to CAHS2) and please click on this link to see a sample report

Sample Report for 11 Home Farm Court, Ingestre, Staffordshire

For the full report for your home please click on this link and follow the instructions contact

 http://www.lawplainandsimple.com/legal-guides/article/hs2-class-action

 

2. Use the maps published by the Department for Transport (Links to these can be found on this website by clicking Media then Maps) to identify your house and then measure the distance yourself using the scale provided.

3. You can contact HS2 directly either on 020 7944 4908 (Lines are open Monday to Friday, 9am to 5pm) or email them with your full name and address asking for the distance your property is away from the line at HS2enquiries@hs2.org.uk

CAHS2 – Stage 2

Once the data gathering exercise has been completed and published, and we are aware of the success of numbers who have completed stage 1, we will produce and publish the details of how we propose to proceed with the legal challenge.

This will be a costly exercise, the costs involved in challenging the government and HS2 Ltd will be expensive. Unfortunately, whilst the government continues not to offer fair compensation and the latest Paving Bill fails to address the issue there is no getting around this other than by uniting together.

As we launch this site, we would prefer to maintain a level of confidentiality with regards to the actual legal challenge in support of the claim for damages, except to say that we will be challenging under Human Rights conventions.  We will provide details as soon as practicable.

 

CAHS2 – Stage 3

 

At this point we will provide the written advice from the QC’s and only when the expenses of the class action are fully budgeted, which we will disclose to you, will we seek to ask all those interested for a donation to CAHS2 towards the total cost of the legal challenge.

Only when money received is in excess of the budgeted costs would we commence the class action style of legal prosecution.  We know this is important to you as it is to us, we want to and will fix your expense of the legal action.  To assist this we will seek agreement to either cap costs for both sides, or seek an active government participation in our own costs as we see this action as being carried out in the public interest.

When and wherever possible we will provide regular updates throughout the process to keep you informed.

 


Please sign up now to Stage 1, it costs nothing and there is nothing to lose, but everything to gain.

register 

We need your support.

There is absolutely no cost to you to submit your details. Doing so places you under no financial or legal obligations and does not establish any legal or client relationship.