From 1 April 2013, following amendments to the Civil Procedure Rules, there are now limits on the costs which are to be recoverable between the parties in relation to civil litigation claims for environment-related judicial review (Aarhus Convention claims).
The changes to the rules have been made to meet the Aarhus Convention requirement that it is not ‘prohibitively expensive’ to bring environment-related judicial review claims.
The costs recoverable by a defendant from a claimant are capped at a maximum of £5,000 where the claimant is an individual (the cap is £10,000 in all other cases). The costs recoverable by a claimant from a defendant are limited to £35,000. It is possible for the Claimant to opt-out of these costs limits.
These changes are likely to make environmental judicial reviews more affordable.