Judicial review in Scotland—protective expenses orders
Produced in partnership with Graham Horn of MacRoberts LLP
Judicial review in Scotland—protective expenses orders

The following Dispute Resolution practice note produced in partnership with Graham Horn of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Judicial review in Scotland—protective expenses orders
  • Background to and introduction of PEOs
  • Protective costs orders in England and Wales
  • PEOs in Scotland
  • Applying for a PEO
  • Criteria for obtaining a PEO
  • Terms of Protective Expenses Orders
  • PEOs in non-environmental public interest cases

This Practice Note considers protective expenses orders (PEOs) in the context of judicial review claims raised in Scotland. For guidance on:

  1. other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland–grounds of challenge, Judicial review in Scotland—remedies and Judicial review in Scotland—raising a claim

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. the closest equivalent procedure in England and Wales, see Practice Note: Protective costs orders

Key:

  1. PEO—Protective Expenses Order

  2. PPD—Public Participation Directive 2003/35/EC

  3. RCS—Court of Session Rules—Act of Sederunt (Rules of the Court of Session) 1994

A Protective Expenses Order (PEO) is an order of court that regulates the liability for expenses of a party that raises court proceedings to challenge the decision of a public authority in the public interest that affects environmental and related matters with the overall aim of ensuring that the proceedings are not prohibitively expensive for the applicant (See RCS, Chapter 58A). In Scotland, PEOs are also available more widely at common law (see PEOs in Scotland below).

A PEO helps litigants to restrict their potential exposure to adverse expenses. It provides certainty and predictability regarding potential

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