Buglife appealed against refusal of judicial review of a decision to grant planning permission for the site of a former power station saying that it would adversely affect the environment for invertebrate animals. It now sought a protective costs order, but resisted an order to disclose the mark up on the success fee agreed with their solicitors.
Held: The fact of approaching the court for a protective costs order gave the court and the other party a right to know the amount of the success fee since this affected the cap on liability sought.
Judges:
Sir Anthony Clarke, Master of the Rolls, Lord Justice Maurice Kay and Lord Justice Stanley Burnton
Citations:
[2009] EWCA Civ 29
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp CA 4-Nov-2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases.
Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment
Updated: 22 July 2022; Ref: scu.280167