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
  • 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 for Judicial Review
  • Costs capping and the Criminal Justice and Courts Act 2015
  • Costs protection in environmental cases falling outside CPR 45.41–44
  • More...

Protective costs orders (PCOs) in environmental matters

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 costs protection in environmental claims to include more statutory reviews. For more information, see ‘What is an Aarhus Convention claim for the purposes of the CPR?’ section below and News Analysis: CPR changes—1 October 2019)

  2. private law claims would likewise be unaffected

  3. the costs protection for claimants bringing judicial review claims within the scope of the Aarhus Convention have not been removed and sections 88 and 89 are disapplied for judicial review proceedings commenced on or after 28 February 2017 to which

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