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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
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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