header-logo header-logo

03 February 2012 / Stephen Hockman
Issue: 7499 / Categories: Opinion , Environment
printer mail-detail

Adverse consequences

Stephen Hockman QC condemns government manoeuvres to restrict affordable access to environmental justice

The importance of an appropriate legal framework for the protection of the environment should, in this day and age, need no emphasis. There are two aspects of this framework. The first is the system of public law under which decisions by public authorities that, unlawfully or irrationally, fail to protect our environment can be challenged by way of judicial review. The ability to bring such judicial review challenges has been held by the Judicial Committee of the House of Lords (the predecessor of the Supreme Court) as essential to secure compliance with our obligations under the European Convention of Human Rights. The UK is also a party to the so-called AARHUS Convention, which requires that such challenges can be brought without prohibitive expense, a duty which, according to a recent decision of the AARHUS compliance committee, the UK is already failing to meet.

Of equal importance is the ability of a citizen or a group of citizens to bring private law proceedings (usually

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll