RE: Judicial Review5 Dec 2016 06:36
http://www.wilsonslaw.com/uploads/docs/Jane_Weston.pdf
Judicial Review Costs
Changes to the costs regime for Judicial Review have made it easier for applicants to challenge decisions that relate to the environment and planning.
In 2013 the Court rules on costs were amended to take account of the Aarhus Convention- an EU wide agreement that environmental court procedures should not be prohibitively expensive for claimants. The rules state that the amount recoverable from an unsuccessful claimant is limited to £5,000 for an individual and £10,000 for others. If successful, the claimant's costs recoverable from the defendant are capped at £35,000.
The High Court has taken a far reaching view of what falls into the category of environmental procedures so the reality is that virtually all planning judicial review challenges (including some relating to very small scale development) benefit from these costs caps.
These costs rules do not apply to certain types of planning case, for example those relating to enforcement action, but in these cases the court has a discretion to make a protective costs order limiting a claimants risk of liability for the full costs if a claim is unsuccessful.
A recent government consultation proposes that the same costs rules apply to all planning cases but the court would have a discretion to increase or decrease the amount of the cap depending on the financial circumstances of the claimant and the merits of the case.
When you are considering judicial reviewing any planning decision we can advise you on the costs implications and what protection against costs you may be able to apply for.
Remember you have to act quickly if you wish to challenge a planning decision. You only have 6 weeks from the date of a decision to make your claim.
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