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Cost Order

No green light for Protective Costs Orders in private law cases

The PILS Project are always trying to learn more about how Protective Costs Orders are being applied. A recent High Court decision from England and Wales caught our attention.

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Cost Order

High Court grants Protective Costs Order to Casement Residents Group

The Moorland and Owenvarragh Residents Association (MORA) have issued judicial review proceedings over the Department of the Environment’s decision to approve a 38,000-seater GAA stadium at Casement Park.

Leave was granted to seek a judicial review on 23rd May and, on 18th June, a Protective Costs Order (PCO), limiting potential liability for opposition fees to £10,000, was also granted to the residents group.

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Cost Order, Local Developments

Irish High Court makes a PCO in an environmental case

The Irish High Court has granted a Protective Costs Order (PCO) to a woman who is trying to stop an apparently unauthorised development of a waste facility near her home.

The case falls under the Aarhus Convention. The Convention states clearly that environmental law cases must not be ‘prohibitively expensive’. The issue of costs might be particularly difficult in the area of environmental law, where individuals or small organisations of modest means want to challenge the actions of public bodies or private developers.

In granting the PCO, the judge noted the following:

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Cost Order

Widow of poisoned Russian ex-FSB agent refused Protective Costs Order by English High Court

Alexander Litvinenko was poisoned in London in November 2006. It was revealed that he died from drinking tea that had been poisoned with Polonium 210. The police investigation into Mr Litvinenko’s death established 2 Russian citizens to be the main suspects. It is understood the UK government is in possession of further information surrounding his death, which could indicate he was poisoned on the orders of the Russian government.

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Cost Order

Anonymity granted to police officer despite not meeting Art. 6 criteria

A Police Officer’s Application (Leave Stage) [2012] NIQB 3

In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.

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ECHR Art. 2, ECHR Art. 6, Right to Fair Trial, Cost Order