Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London
In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and statutory challenges now have the ability to vary previously fixed costs caps or remove them altogether. This is due to changes to the Civil Procedure Rules governing environmental claims. It is worth noting that three non-governmental organisations, ClientEarth, Friends of the Earth and the RSPB, are challenging the new rules.
Herbert Smith Freehills has produced a bulletin setting out more detail on this, which can be found here.
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