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Court of Appeal dismisses appeal from High Court, and affirms order declaring that an applicant for judicial review concerning the enforcement of conditions of a waste management permit would not be liable for the costs of the action if unsuccessful, on the grounds that: (a) the statutory exemption for costs applied to all civil proceedings, including judicial review actions; and (b) the applicant needed to show that the claim was statable, and it was not necessary to establish a reasonable prospect of success.
Murray J (nem diss): Costs of proceedings - environmental action - whether applicant for judicial review to be liable for costs - action seeking to ensure compliance with a waste management order - s.3 of the Environment (Miscellaneous Provisions) Act 2011 - whether such an order applied to proceedings instituted by judicial review - whether action was stateable - whether necessary to establish a reasonable prospect of success.
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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