The Court of Appeal partly allowed the appellant's appeal against the High Court's decision to strike out proceedings relating to environmental and compulsory acquisition issues, but upheld the striking out of the claim concerning unlawful compulsory acquisition. The Court clarified an error in the account of the High Court's costs ruling, finding that the trial judge was not unfamiliar with the Aarhus Convention itself, but uncertain about the procedure for issuing a protective costs order under it. The Court also adjusted the costs order, awarding the appellant only 50% of costs during the period when his solicitors were on record but did not fully participate, and 80% of expenses thereafter, to reflect inadequate legal assistance during part of the High Court process.
appeal – environmental proceedings – compulsory acquisition – strike out application – costs order – protective costs order – Aarhus Convention – Order 19 Rule 28 RSC – plaintiff in person – partial legal representation – vouched costs – inherent jurisdiction – High Court decision – Court of Appeal – correction of factual record