Erosion of opportunities to protect the environment?

Costs Protection in Environmental Claims: Proposals to revise the costs capping for eligible environmental challenges.

Following the earlier ‘consultatiuon’ Reform of Judicial Review by the Ministry of Justice in July 2015, the MoJ have launched the second review around the public’s opportunity to consider challenging any statutory agency or authority through the Judicial Reveiew process.  Costs Protection in Environmental Claims: Proposals to revise the costs capping for eligible environmental challenges.

We wonder how many readers have been involved in any JR application?  From experience we would offer that for the lay person, or any small organisation who seeks to legitimately question a Public Body never mind ‘challenge’ it, it is not something one would undertake lightly.

It is inordinately expensive if you use professional legal advice and anyone would be advised to, it is equally extremely time consuming to put together the ‘bundles’ required in which evidence is presented.  It is perhaps different for Public Bodies as they are generally in receipt of public funds and have paid staff.

So, that the Government now appears to seek to further close down an already arduous ‘assault course’ might be suggestive of a discriminatory approach?  It would be difficult to offer it up as an inclusive, none discriminatory democratic option for legitimate question when all other avenues have been explored and failed?

The duration of the consultation is from 17 September 2015 until 10 December 2015.

Useful background reading:

Criminal Justice and Courts Bill, Fact Sheet: Reform of Judicial Review

Reform of Judicial Review: Proposals for the provision and use of financial information

Law Society Response to the first consultation

Readers are also encouraged to read Carol Day’s excellent Guest Blog on the issue on Martin Harper’s RSPB web page.

 

Greenblobpride

 

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