header-logo header-logo

02 December 2011 / Julia Marlow , Charles Brasted
Issue: 7492 / Categories: Features , Public , Environment
printer mail-detail

Getting Aarhus in order

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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll