By Richard Kimblin
The Jackson Report makes three significant proposals which would represent a major change to the current costs position for judicial review, with commensurate potential impact on practitioners. The direction of travel is towards significant costs protection for claimants. In the environmental field, that direction of travel has received substantial support via a letter from the European Commission to the UK Government (18 March 2010) stating:
“When important decisions affecting the environment are taken, the public must be allowed to challenge them. This important principle is established in European law. But the law also requires that these challenges must be affordable. I urge the UK to address this problem quickly as ultimately the health and wellbeing of the public as a whole depends on these rights.”
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