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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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