VARIATION OF AARHUS COSTS CAPS
III. VARIATION OF AARHUS COSTS CAPS
Public Hearing
When costs caps are sought to be varied, the Court will stand by to provide a hearing in private where this is necessary. Signalling this protection is important to avoid a chilling effect: see R (RSPB) v Secretary of State for Justice [2017] EWHC 2309 (Admin) [2018] Env LR 13 at §57. In the present case there was no need to discuss third party funders or donors. There were annual accounts, but these are published. Nobody asked for any part of the hearing to be held in private. Everything that was said in court could be reported.
- Heading
- FORDHAM J
- REDACTION
- VARIATION OF AARHUS COSTS CAPS
- Aarhus Costs Caps
- The Public Interest Imperative
- Rule 26 Caps
- Rule 27 Variations
- What are the Rule 26 Caps?
- What is Limb (a)?
- What is Limb (b)?
- My Conclusion
- My Reasons
- Natural England’s Fairer Balance
- Nature of the Exercise
- Conclusion
- Conclusions
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