Costs protection in environmental claims

Closed 10 Dec 2015

Opened 17 Sep 2015

Results updated 17 Nov 2016

In late 2015 the government invited comments on how to improve the rules relating to costs protection in certain environmental challenges, governed by Section VII of Part 45 of the Civil Procedure Rules (CPR), related parts of the CPR and associated Practice Directions (the environmental costs protection regime). The consultation sought views, in particular, on proposals for how to improve the environmental costs protection regime within the framework of relevant EU law requirements. That consultation was published on 17 September 2015 and it closed on 10 December 2015. 289 responses were received to the consultation.

The government response can be found below. It summarises the responses received and sets out how the government intends to proceed.




The consultation is aimed at those who may be involved in or affected by environmental legal challenges in England and Wales falling within the scope of the amendments made by the Public Participation Directive (2003/35/EC) (the relevant amendments have now been incorporated into recast versions of the Industrial Emissions Directive (2010/75/EU) and the EIA Directive (2011/92/EU)) or within the scope of the Aarhus Convention.

This consultation is an opportunity for you to have your say on a package of reforms governing the costs protection rules for these environmental claims.


  • Local authorities
  • Government departments
  • Legal professionals
  • Judiciary
  • Legal professional bodies
  • UK policy institutions
  • EU policy institutions
  • Environmental NGOs
  • Planning authorities
  • Housing developers
  • Business & industry


  • Damages
  • Environment
  • European Union
  • Courts
  • Public Bodies
  • International law
  • Access to justice
  • UK Law