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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll