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15 May 2008
Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
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Costs must drop for environmental cases

News

The government needs to make legal action more affordable in environmental cases to comply with the Aarhus Convention on citizens’ environmental rights, a new report concludes. The report, Ensuring Access to Justice in England and Wales, compiled by an independent working group on access to justice in environmental matters, looked at whether current law and practice prevent individuals and groups from achieving access to justice in environmental matters. It concludes that for most people and NGOs, current rules about costs— particularly potential exposure to costs if an application fails—are inconsistent with the Aarhus Convention. It requires that access to effective judicial mechanisms is “fair, equitable, timely and not prohibitively expensive”.

At the report’s launch Mr Justice Sullivan, who chaired the working group, said: “While the Administrative Court is capable of dealing effectively with environmental law challenges, that is of limited practical value in protecting the environment if only the very rich or the very poor can afford to use the court’s procedures.” Daniel Lawrence, chairman of the UK Environmental Law Association, says: “This is a thorough report, which includes a comparison of how things works across Europe, and the UK seems to be lagging behind.”

 

Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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