Commission warns UK on unfair costs rules – ClientEarth response

18 March 2010 | Press release

Today the European Commission warned the UK about prohibitively expensive challenges to the legality of decisions on the environment.

Sandy Luk, senior lawyer at ClientEarth, says: “We firmly back the Commission’s announcement today that cost rules in the UK break both European and international law.


“The government has to break down this barrier to justice. The financial risks of the current system make bringing a case all but impossible to most individuals and charities in the UK.

“The UK is failing to meet its international legal obligations to address financial barriers under the Aarhus Convention on Access to Justice.

The UN’s Aarhus Convention Compliance Committee is currently deliberating on ClientEarth’s case for greater access to justice in the UK.

Sandy Luk says: We hope that the committee’s findings will force the change needed to help people fight for environmental justice in the UK.”

In January, Lord Justice Jackson published a significant report seeking to address  civil litigation costs in England and Wales.  ClientEarth has expressed concerns about this report’s impact on environmental cases, saying: “If the government adopts these proposals, the looming costs shadow on public-spirited individuals and environmental organisations would persist. In our view, the UK would continue to be in breach of the Aarhus Convention.” For the full press release, click here.