Venn v Secretary of State for Communities and Local Government

Subject Matter

COSTS — Order for costs — Protective costs order — Claimant’s statutory application to quash on environmental impact grounds decision of Secretary of State’s inspector to grant planning permission — Judge making protective costs order — Application not “Aarhus Convention claim” since not claim for judicial review — Whether application nevertheless falling within Aarhus Convention — Whether combination of statute and planning policies “provisions of … national law relating to the environment” for purposes of Convention — Whether discretion to make protective costs order in case falling within Convention but not “Aarhus Convention claim” — Whether protective costs order rightly made — Town and Country Planning Act 1990, s 288 — CPR r 45.41 — Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, art 9(3)

[2015] 1 WLR 2328

LAW REFORM — Whether necessary — Protective costs orders — Civil Procedure Rules not providing power to make protective costs order in all cases where Convention so requiring — Whether legislation required to secure compliance with Convention

[2015] 1 WLR 2328

Appellate History