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15 May 2008
Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
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Costs must drop for environmental cases

News

The government needs to make legal action more affordable in environmental cases to comply with the Aarhus Convention on citizens’ environmental rights, a new report concludes. The report, Ensuring Access to Justice in England and Wales, compiled by an independent working group on access to justice in environmental matters, looked at whether current law and practice prevent individuals and groups from achieving access to justice in environmental matters. It concludes that for most people and NGOs, current rules about costs— particularly potential exposure to costs if an application fails—are inconsistent with the Aarhus Convention. It requires that access to effective judicial mechanisms is “fair, equitable, timely and not prohibitively expensive”.

At the report’s launch Mr Justice Sullivan, who chaired the working group, said: “While the Administrative Court is capable of dealing effectively with environmental law challenges, that is of limited practical value in protecting the environment if only the very rich or the very poor can afford to use the court’s procedures.” Daniel Lawrence, chairman of the UK Environmental Law Association, says: “This is a thorough report, which includes a comparison of how things works across Europe, and the UK seems to be lagging behind.”

 

Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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