Access to Environmental Justice

In a Report published in May, a working party chaired by the Hon Mr Justice Sullivan declared that changes must be implemented in the court rules on costs that effectively prevent individuals and groups from bringing legal challenges to environmental decisions, if the UK is not to breach the Aarhus Convention.

Writing in the Times on 20th May, ex-Law Centre practitioner, Steve Cragg said,

‘The report proposes several ways to address the prohibitive cost of legal action in relation to environmental cases in England and Wales. They include a more generous use of costs protection, which can cap, in advance, the liability for costs. The report recognises that the legal aid scheme now refers to the convention but recommends more creative use of the scheme, in tandem with environmental NGOs.

‘But in reality, access to environmental justice often does not fit easily with legal aid’s focus on individual rights. Small charities, such as the Environmental Law Foundation try to match individuals with lawyers prepared to act on a pro bono basis, but ensuring such organisations have proper funding must be a further aim for government in this largely neglected but increasingly important area of law.’

Stephen Cragg is a barrister specialising in public law at Doughty Street Chambers. Stephen was previously employed at Hackney Community Law Centre.

John Dunkley from EarthRights and ex LCF and Law Centre worker said,

‘May 2008, might prove to be just as much a landmark month for environmental law as May 68 was for Parisian radicals, albeit rather more sedately, and with the existentialism of Sartre and de Beauvoir replaced by the wig and gown of a High Court judge.

‘In a Report published this month, a working party chaired by the Hon Mr Justice Sullivan has declared that changes must be implemented in the court rules on costs that effectively prevent individuals and groups from bringing legal challenges to environmental decisions, if the UK is not to breach the Aarhus Convention.

‘The Aarhus Convention entered into force on 2001 and was the culmination of international negotiations on securing access to justice for individuals and groups seeking to protect the environment.  It closed a decade which saw the passing of much promising legislation and the establishment of projects such as the Environmental Law Foundation and the LCF’s own environment project.

‘However, time and again communities have found their way to court barred not by the fees of their own lawyers, many of whom have been willing to act pro bono, but by the risk of having to pay tens even hundreds of thousands of pounds towards their opponents’ legal costs.’

‘Government must make Legal Action affordable in Environmental Cases’ Press Release on the Report
Access_to_Justice_Report_-_Press_Release.doc

‘Danger of high legal bills must be reduced, warns judge’
Observer article by Caroline Davies : The_Observer_25.05.08.doc

Published: Fri 9 May, 2008