Legal News

Winds of change—further guidance on protective expenses orders in Scotland

Published on: 10 June 2016
Published by: LexisPSL
  • Winds of change—further guidance on protective expenses orders in Scotland
  • Original news
  • What is the background to this case? What issues did this case raise?
  • Specifically, what did the court decide in relation to the arguments concerning PEOs?
  • To what extent is the judgment helpful in clarifying the law in this area?
  • Are there particular unresolved issues lawyers will need to watch out for?
  • What are the implications for lawyers?

Article summary

Public law analysis: The Court of Session is currently considering an appeal by Scottish Ministers against a decision to reject planning permission for a wind farm development. However, in a new twist, the John Muir Trust has lost an appeal to claim a protective expenses order that would have limited its liability for costs in the event of losing the main appeal. Gillian Craig, partner at MacRoberts, and Ursula Currie, senior solicitor at Morton Fraser, explain what new guidance this latest development provides for lawyers working in this area. or take a trial to read the full analysis.

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