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Consultation Event - Draft Protective Expenses Orders Court Rules

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University of Edinburgh (room tbc)

Edinburgh

United Kingdom

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The Aarhus Convention seeks to protect the ‘right of every person of present and future generations to live in an environment adequate to his or her health and well-being’. It does this by conferring rights on citizens through its three ‘pillars’: access to environmental information, public participation in environmental decision-making, and access to justice in environmental matters.

The access to environmental justice pillar requires that review procedures are ‘not prohibitively expensive’. Protective expenses orders – court orders to limit litigants’ expenses liability – are the main mechanism used in Scotland to meet this requirement.

The Aarhus Convention Compliance Committee recently found that Scottish expenses rules do not meet the ‘not prohibitively expensive’ obligation. Expensive environmental litigation limits access to environmental justice – meaning that those without adequate financial means are unable to enforce environmental laws and realise their environmental rights.

The Scottish Civil Justice Council has opened a consultation (closing 23rd June) seeking views on ‘draft rules proposing a new procedural model for applications for protective expenses orders’. This consultation event will examine the SCJC’s proposals in detail, focussing on its implications for Aarhus Convention compliance in particular. The aim of this event is to inform submissions to the consultation.





This event is jointly organised by the Scottish Environment LINK and the UK Environmental Law Association. Attendance is free but we request that you register in advance.


Contact Ben Christman for further information - bchristman01@qub.ac.uk


NB - The event will be held at the University of Edinburgh's central campus, room tbc. This page will be updated with venue details on 29/05/17 and attendees will be informed by email.

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Date and Time

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University of Edinburgh (room tbc)

Edinburgh

United Kingdom

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