News ID: 188524
Published: 0217 GMT February 28, 2017

Fears for environment as automatic legal 'cost cap' scrapped

Fears for environment as automatic legal 'cost cap' scrapped

New rules have come into force in the UK which could dramatically reduce the ability of individuals and non-governmental organizations to bring legal challenges to protect the environment.

The government is scrapping automatic ‘cost caps’ which limit the costs of losing such a challenge, BBC wrote.

Opponents claim the changes will make it ‘impossible’ to ‘hold the UK government to account’.

But the government says people will not be expected to pay above their means.

The caps currently stand at £5,000 for an individual and £10,000 for an organization.

The normal ‘loser pays rule’ means that successful claimants can claim their legal costs back from the defendant.

But if they lose, they have to pay both their own legal costs, and those of the winning side.

Under the changes, any person or organization wanting to bring a judicial review in environmental cases will not automatically receive the protection of a ‘cost cap’ if they lose

That could mean individuals having to sell a house.

ClientEarth, Friends of the Earth and the RSPB are challenging the rule change in the courts, arguing those bringing such cases would be exposed to huge and uncertain financial risk.

The ‘cost caps’ came in 2013 in part due to the international Aarhus Convention, which was ratified by the government in 2005.

It requires contracting parties to ensure that legal action to protect the environment is ‘fair, equitable, timely and not prohibitively expensive’.

This recognizes that the environment cannot protect itself and that there is a public interest in people and groups bringing legal actions to protect it.

Before the caps the cost of bringing cases could be huge.

In one concerning the construction of a funicular railway up Cairngorm Mountain in Scotland, WWF was ordered to pay the government's legal costs of over £200,000 on losing.

In another, local resident Lilian Pallikaropoulos faced a costs bill of just under £90,000 after losing her challenge against the legality of a large cement works near her home in Rugby, Warwickshire.

Under the new rules, the court can look at the financial resources of a claimant and discard the automatic cost cap.

This could involve an assessment of how much their house is worth and whether they should be forced to sell it if they lose.

It is estimated that some 40,000 people in the UK die prematurely each year because of air pollution.

The group ClientEarth has brought successful legal challenges against the government's failure to meet EU targets on air pollution.

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