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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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
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