- Widening the scope for protective costs orders in environmental litigation?
- Original News
- What is an Aarhus Convention claim?
- What is the difference between a normal (Corner House) PCO and an Aarhus one?
- What is significant about this case?
- What are the possible consequences of this judgment?
- Do you see any trends developing in this area now that we have had some time for the Jackson reforms to settle?
Environment analysis: A claim made under the Town and Country Planning Act 1990, s 288 including a ground of failure to apply planning policies on protecting gardens from development has been held to be an environmental claim within the meaning of the Aarhus Convention. The claimant was granted a protective costs order (PCO) under a modified Corner House test. Rose Grogan, barrister at 39 Essex Street Chambers, highlights the significance of the case in the context of protective costs orders, statutory challenges, judicial review and the Aarhus Convention.
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