Protective costs orders (PCOs) in environmental matters
Produced in partnership with Landmark Chambers
Protective costs orders (PCOs) in environmental matters

The following Environment practice note produced in partnership with Landmark Chambers provides comprehensive and up to date legal information covering:

  • Protective costs orders (PCOs) in environmental matters
  • Brexit impact
  • Sections 88–90 of the Criminal Justice and Courts Act 2015 and costs protection in environmental matters
  • What is a protective costs order?
  • What is at stake?
  • Access to justice and costs—the Aarhus Convention
  • Costs rules in judicial reviews falling within the scope of the Aarhus Convention
  • What is an Aarhus Convention claim for the purposes of the CPR?
  • Pre-Action Protocol on judicial review
  • Costs capping and the Criminal Justice and Courts Act 2015
  • More...

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Sections 88–90 of the Criminal Justice and Courts Act 2015 and costs protection in environmental matters

Entry into force of sections 88–90 of the Criminal Justice and Courts Act 2015 (CJCA 2015) saw a considerable change regarding costs protection in judicial reviews. This swept away the judge-made principles for the regime of protective costs orders (PCOs) in judicial review claims, replacing them with a legislative regime of costs capping orders (CCOs). However, the legislative changes have, at present, made little difference to environmental matters, as:

  1. the legislation relates only to judicial review claims, and so statutory challenges such as those under section 288 of the Town and Country Planning Act 1990 (TCPA 1990) would fall outside their scope (however note that the Civil Procedure (Amendment No 3) Rules 2019, SI 2019/1118 effective from 1 October 2019 extends

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