Legal News

Court clarifies scope of Aarhus Convention costs protection (R (Lewis) v Welsh Ministers)

Published on: 16 March 2022
Published by: LexisNexis
  • Court clarifies scope of Aarhus Convention costs protection (R (Lewis) v Welsh Ministers)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Environment analysis: The claimant sought judicial review of a decision by the Welsh Government to approve a proposal for a cancer treatment centre on a site in Cardiff known as the ‘Northern Meadows’. The third ground of the claim alleged breach of the duty in relation to maintenance of biodiversity contrary to sections 6 and 7 of the Environment (Wales) Act 2016 (E(W)A 2016). The court held that in considering whether the claim fell within the scope of the Aarhus Convention (the Convention) for the purposes of costs protection, it was necessary to focus on the nature of the grounds rather than the nature of the decision challenged. The third ground fell within the scope of the Convention because it alleged breach of provisions of national law relating to the environment. The claimant was entitled to the protection of the Convention in relation to the entire claim, not merely (as the defendant had sought to suggest) the costs attributable to the third ground. Written by Siân McGibbon, barrister at 4-5 Gray’s Inn Square. or take a trial to read the full analysis.

Popular documents