header-logo header-logo

02 December 2011 / Julia Marlow , Charles Brasted
Issue: 7492 / Categories: Features , Public , Environment
printer mail-detail

Getting Aarhus in order

Charles Brasted & Julia Marlow count the costs of environmental JR

The Ministry of Justice is currently consulting on protective costs orders (PCOs) in environmental judicial review claims. While the proposals set out in the consultation might be expected to be part of the current drive to reform litigation costs after the recent Jackson review on the subject, the trigger in fact appears to be the many criticisms that have been made of the UK for failing fully to implement the provisions of the Aarhus Convention on Environmental Justice. The consultation, which closes on 18 January 2012, expressly states that it relates to cases that fall within the scope of the Aarhus Convention, which aims to enhance (in the context of the environment) public access to information, public participation in decision making and access to justice. (See consultation in full at http://www.justice.gov.uk/downloads/consultations/cost-protection-litiga...)

The scope of Aarhus

In respect of access to justice, the scope of the Aarhus Convention is broad. It provides that “each Party shall ensure that...members

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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
back-to-top-scroll