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Government Considers Changes to Environmental Legal Challenge Cost Caps

The UK government is reportedly considering changes to legal protections that limit costs for community groups challenging planning decisions impacting nature, according to environmental lawyers.

  • The government is considering changes to cost cap protections under the Aarhus convention.
  • Current protections limit costs to £5,000 for individuals and £10,000 for organisations in environmental legal claims.
  • Proposed changes include removing cost caps, doubling them, or allowing groups that crowdfund to face costs of up to 70% of funds raised if they lose.

The UK government is reportedly considering changes to legal protections that currently limit the costs faced by community groups when challenging planning decisions that could threaten nature. Environmental lawyers state that the Ministry of Justice has held private meetings with specific stakeholders regarding plans to remove these cost cap protections.

The Aarhus convention, signed into law by the UK in 2005, guarantees the right to participate in democratic processes on environmental matters. Under this treaty, individuals bringing environmental legal claims are protected by a cost cap of £5,000 if they lose, while organisations face a £10,000 cap. This is intended to prevent legal challenges from becoming prohibitively expensive.

Potential changes being discussed include removing these cost cap protections entirely, doubling the caps at each stage of a challenge, or removing cost protection if a court finds a “misuse of judicial review.” Another proposal could see groups that crowdfund legal challenges face costs of up to 70% of the money they raise if they are unsuccessful.

Environmental lawyers have expressed concerns that these changes could significantly hinder environmental litigation and undermine access to environmental justice. A government spokesperson stated that the government is committed to upholding its obligations under the Aarhus convention and maintaining access to environmental justice that is not prohibitively expensive, adding there are no plans to remove cost protections for well-founded claims.

Why this matters: These potential changes could make it more difficult and expensive for individuals and community groups to legally challenge planning decisions that they believe harm the environment.

What this means for you: If you are part of a community group or an individual considering a legal challenge against a planning decision impacting nature, these proposed changes could increase your financial risk.

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