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13 April 2018 / Stephen Gold
Issue: 7788 / Categories: Features , Civil way , Procedure & practice
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Civil way: 13 April 2018

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  • Ah ha, it’s Aarhus.
  • Stay or leave after a s21?
  • Dilemma for solicitors.

CAP TO FIT BETTER

To get through to the quarter-finals of the CPR Brainbox of the Year contest, define an Aarhus (it’s in Denmark) Convention Claim, without hesitation, deviation or repetition. It is an environmental judicial review or statutory appeal to which the convention applies and to which we are signed up and this was devised to see that the public has access to proceedings which challenge public authorities and that these proceedings are ‘not prohibitively expensive.’ Aarhus proceedings forced themselves into the first 2017 amendment CPR (see 'Civil way' NLJ 24 February 2018) as we had not done very well on the ‘not prohibitively expensive’ bit. Now these proceedings have forced themselves into the Civil Procedure (Amendment) Rules 2018 (SI/2018/239) comprised within the 95th update which came into force on 6 April 2018 and speak of nothing else. To blame is the aptly named Dove J for his judgment in RSPCB and

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