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Court of Appeal dismisses appeal of High Court decision to make protective costs order under environmental legislation in a planning and development case, finding that: 1) the High Court had jurisdiction to make a protective costs order; 2) a protective costs order is a final determination of the issue, subject only to an appeal; and 3) the judge was fully entitled to conclude that the risk of an adverse costs order was likely to prove daunting for all potential litigants.
Planning and development law – operation of quarry without the benefit of planning permission – s. 32 of the Planning and Development Act 2000 – Local Government (Planning and Development) Act 1963 – whether the respondent could properly apply for and obtain a protective costs order – statutory interpretation – ss. 3, 4 and 7 of the Environment (Miscellaneous Provisions) Act 2011 – whether the Aarhus Convention applies – courts should seek to interpret such legislation in a manner which is consistent with our international obligations – Aarhus Convention should not influence the interpretation of the 2011 Act – interpretation of s. 4 of the 2011 Act – High Court had jurisdiction to make the appropriate protective costs order under s. 7 of the 2011 Act – whether the making of the protective costs order was premature – jurisdiction to make a final determination regarding a protective costs order at this early stage of the proceedings – whether the Court ought to have made the protective costs order on the evidence before it – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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