Proposals for a costs capping scheme in cases challenging decisions by public authorities which impact on the environment have been published by the Scottish Government in a consultation ending on 3 April.
The usual rule in civil cases is that the ‘loser pays’. These proposals would cap the amount of legal costs that a challenger would have to pay the other side, if they lose, at £5,000. This is balanced by a proposal to introduce a similar cap – of £30,000 – on the defending party’s liability to pay the challenger’s legal costs.
The scheme is anticipated to apply to projects that are covered by the need for an environmental impact assessment (EIA). Typically this would include wind farm developments, hydroelectric schemes, major roads, waste incinerators as well as urban developments, such as schools, housing and sports stadia.
The Minister for Community Safety and Legal Affairs, Roseanna Cunningham, said: ‘The Scottish Government is committed to affordable access to justice in cases of importance, including where environmental issues are at stake. Challenges to these decisions can, however, have significant impacts on the economy. We are determined to ensure that major planning and infrastructure decisions are not unreasonably delayed. The proposals we are consulting upon therefore seek to achieve a fair balance between the costs to persons wishing to challenge these decisions and the potential implications for economic development.’
The consultation runs until April 3, 2012.
For the consultation see: LINK
Search Planning Portal: LINK
