Cost Protection for Litigants in Environmental Judicial Review Claims

Closed 18 Jan 2012

Opened 19 Oct 2011

Results updated 28 Aug 2012

Post-consultation report for the consultation paper

A total of 22 responses to the consultation paper were received from a variety of sources including public bodies, NGOs, legal practitioners, the judiciary and individuals.This document includes the analysis, conclusions and recommendations in relation to the consultation.




Reference number: CP16/11

This consultation seeks views on  the Government’s proposals to codify the current case law on protective costs orders (PCOs) in relation to judicial review claims which fall under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’).

This includes those covered by the Public Participation Directive (Directive 2003/35/EC).

PCOs are orders developed by the courts which are designed to set a pre-determined limit on a claimant’s exposure to a defendant’s costs.


  • Businesses
  • Citizens
  • Claims management services
  • Coroners
  • Voluntary organisations
  • Local authorities
  • Youth workers
  • Litigants
  • Young people
  • Charities


  • Environment
  • Courts