The UK High Court has dismissed an appeal from the London Gatwick Airport (LGW) over temporary airport slot regulations for the Summer 2026 and the Winter 2026/27 seasons. It was confirmed that the ministers were entitled to relax the ‘use it or lose it’ slot rules for airlines during those periods.
Gatwick Airport sought a judicial review of 2026 regulations
The case was brought by London Gatwick Airport which argued that the government slot relief measures were unlawful. The Airport Slot Allocation Regulations 2026 marked the UK’s first slot relief since the COVID-19 pandemic. The regulations allow airlines to hand back up to 10% of its allocated slots.
This is to provide additional flexibility when disruptions such as the Middle East conflict arise and cause operational pressures. The airport slots are valuable permissions that allow airlines to take off or land at an airport at a specific time. The carrier must operate at least 80% of allocated slots for each season.
High Court Overrules Airport Slot Rules as Lawful
Gatwick Airport argued that the Secretary of State for Transport, Heidi Alexander, had acted outside the powers conferred by section 14 of the Retained EU Law Act 2023 (Revocation and Reform). It states that the 2026 Regulations failed to satisfy the requirement that changes made should not cause regulatory burden and the secretary of state did not stop this from happening. However, the High Court ruled that the government’s regulations were lawful described the measures as voluntary and temporary.
The Court concluded that the Secretary of State of Transport, acted within the scope of the Statutory powers contained in the REUL Act and this did not increase the burden. The High Court also stated that the consultation process was lawful, notwithstanding its limited duration. It also stated that the UK Government was entitled to exercise a broad margin of judgment when assessing the operational challenges.
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