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High Court makes reference to the Court of Justice of the European Union, raising three questions concerning protective costs orders in environmental proceedings, to be heard in addition to four other questions in other litigation.
Judicial review - environmental cases - costs - confusion - costs protection - claim that development materially contravened development plan - National Planning Framework - Height Guidelines - failure to carry out environmental impact assessment (EIA) - Aarhus Convention - access to justice - questions referred to Court of Justice of the European Union - interpretive obligation on courts of member states - whether 'not prohibitively expensive' costs meant no order as to costs - other applications for protective costs orders - Section 50B(1) of the 2000 Act - whether to make reference to CJEU.
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