header-logo header-logo

Costs must drop for environmental cases

15 May 2008
Issue: 7321 / Categories: Legal News , Public , Environment , Human rights
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll