Court of Appeal takes the initiative on costs and Aarhus Convention

One of the challenges of the Aarhus Convention facing the UK is the provisions concerning access to justice which allow third parties to challenge environmental decisions made by public bodies before an independent court or other impartial body. The procedures must be "fair, equitable, timely and not prohibitively expensive" but environmental groups have argued that the heavy costs involved in judicial review applications - and the risks of paying the other side’s costs if one loses - are contrary to Aarhus’s sprit.

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