Access to justice and costs rules

The Court of Appeal has given important new guidance on the use of "protective costs orders" designed to protect applicants for judicial review in cases of public importance from having to pay the other side’s costs should they lose. The case concerned financial support and guarantees for exporters provided by the Department of Trade and Industry, but the guidelines set out by the Court of Appeal have general application, and are likely to be especially significant in the environmental field.

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