RE: Marine License4 Jan 2022 16:44
Below is an extract from a firm of lawyers details on JR 'Pre-action protocol' & costs:
Pre-action protocol
The first step in the JR procedure is to write a formal letter to the proposed defendant setting out your proposed claim and what you are seeking. This is known as a pre-action protocol (or PAP) letter. Normally a response is expected within 14 days. However, in cases challenging a grant of planning permission, the 6 week time limit to issue a claim does not leave much time for pre-action correspondence, although you must try to complete it if possible.
Costs
Although going to court is certainly expensive, the relative speediness of the judicial review process means that costs are not the "telephone numbers" one reads about in the papers for libel cases and so forth where the case goes on for a long time, usually due to the need for witnesses appearing in person. In JR, evidence is almost always given on paper.
Rules about costs are complicated. However, they are becoming more favourable for claimants in environmental cases, they are generally less of a practical and procedural obstacle. However, the general rule remains that the loser pays the winner's costs.
Sometimes the amount of costs that have to be paid is assessed on the spot ("summary assessment"), or it may be to detailed argument before a specialist costs judge.
More information about costs is in the funding section of this website.
Note the following is on the funding site posted 7 days ago:
No Gas Caverns LTD
IMPORTANT ANNOUNCEMENT The first stage of legal proceedings has now begun ! A Pre Action Protocol letter has been issued to DAERA & we now wait for their response. Thank you to everyone who has supported us to reach this first stage. Your generosity combined with the efforts of our fundraising and legal teams, has enabled strong points of legal challenge to be submitted. We are now asking if everyone can dig just a little deeper as further funds are required for stage 2 of the judicial review process. THANK YOU !
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