England - Suttons Wharf

R (oao Derek England) v. LB Tower Hamlets and others

 

Neutral Citation Number: [2006] EWCA Civ 1742

 

Case No: C1/2006/1635 & 1635(A)

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM QBD, ADMINISTRATIVE COURT

MR JUSTICE COLLINS

CO/4781/2006

Royal Courts of Justice

Strand, London, WC2A 2LL

 

Date: 20/12/2006

Before :

 

LORD JUSTICE CARNWATH

and

LORD JUSTICE NEUBERGER

- - - - - - - - - - - - - - - - - - - - -

Between :

 

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 environment groups have argued that the heavy costs involved in judicial review applications - and the risk of paying the other side's costs if one loses - are contrary to Aarhus's spirit.

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