Costs protection for litigants in environmental judicial review cases

|Consultations

Lord Justice Jackson’s response to MoJ consultation paper CP 16/11

By way of background I refer to, but do not repeat, chapters 35 and 36 of my Preliminary Report and chapter 30 of my Final Report. These chapters set out (a) a summary of the law on PCOs, (b) a summary of the relevant evidence submitted during the Review, (c) a summary of the arguments deployed in relation to costs protection for litigants in environmental judicial review cases and (d) my own conclusions. As the MoJ are aware, I concluded that the best course was to introduce QOCS for the reasons set out in FR chapter 30.