Charles Brasted & Julia Marlow count the costs of environmental JR
The Ministry of Justice is currently consulting on protective costs orders (PCOs) in environmental judicial review claims. While the proposals set out in the consultation might be expected to be part of the current drive to reform litigation costs after the recent Jackson review on the subject, the trigger in fact appears to be the many criticisms that have been made of the UK for failing fully to implement the provisions of the Aarhus Convention on Environmental Justice. The consultation, which closes on 18 January 2012, expressly states that it relates to cases that fall within the scope of the Aarhus Convention, which aims to enhance (in the context of the environment) public access to information, public participation in decision making and access to justice. (See consultation in full at http://www.justice.gov.uk/downloads/consultations/cost-protection-litiga...)
The scope of Aarhus
In respect of access to justice, the scope of the Aarhus Convention is broad. It provides that “each Party shall ensure that...members of the public have access to administrative or judicial procedures
