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21 October 2010 / Deirdre Lyons , Colleen Theron
Issue: 7438 / Categories: Features , LexisPSL
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Protective costs orders

PCOs are not a green light for environmental challenges. Deirdre Lyons & Colleen Theron explain why

Protective costs orders (PCOs) are intended to promote access to justice. They are often sought in judicial review applications containing a public interest element where claimants with limited resources are pursuing a claim that may benefit others.

R (Corner House) v SoS for Trade and Industry [2005] 4 All ER 1 stated that PCOs should only be made in exceptional circumstances, where: 

  • the issues raised are of public importance;
  • the public interest requires that those issues should be resolved;
  • the applicant has no private interest in the outcome of the case;
  • having regard to the financial resources of the applicant, the respondent(s) and to the amount of costs that are likely to be involved it is fair and just to make the order;
  • if the order is not made, the applicant will probably discontinue the proceedings and will be acting reasonably in doing so.

In R (Garner) v Elmbridge Borough Council [2010] EWCA Civ 1006, the Court of Appeal made a radical departure

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Gateley Legal—Jack Kelly

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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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