AC-2024-LON-002644 - [2025] EWHC 2761 (Admin)

The Aarhus requirement that costs must not be prohibitively expensive arises from “the public interest in the protection of the environment” and “the need for the public to play an active role in that protection”: RSPB at §19; Edwards at §§32, 35. That encapsulates the public interest imperative which arises in the context of access to environmental justice. It is distinct from general cost capping orders. And it is miles away from general considerations as to security for costs.