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21 October 2010 / Deirdre Lyons , Colleen Theron
Issue: 7438 / Categories: Features , LexisPSL
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Protective costs orders

PCOs are not a green light for environmental challenges. Deirdre Lyons & Colleen Theron explain why

Protective costs orders (PCOs) are intended to promote access to justice. They are often sought in judicial review applications containing a public interest element where claimants with limited resources are pursuing a claim that may benefit others.

R (Corner House) v SoS for Trade and Industry [2005] 4 All ER 1 stated that PCOs should only be made in exceptional circumstances, where: 

  • the issues raised are of public importance;
  • the public interest requires that those issues should be resolved;
  • the applicant has no private interest in the outcome of the case;
  • having regard to the financial resources of the applicant, the respondent(s) and to the amount of costs that are likely to be involved it is fair and just to make the order;
  • if the order is not made, the applicant will probably discontinue the proceedings and will be acting reasonably in doing so.

In R (Garner) v Elmbridge Borough Council [2010] EWCA

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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