header-logo header-logo

21 October 2010 / Deirdre Lyons , Colleen Theron
Issue: 7438 / Categories: Features , LexisPSL
printer mail-detail

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

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll