Briefing on the excessive costs of challenging environmental decisions in Scottish Courts

Friends of the Earth Scotland (FoES) and the Environmental Law Centre Scotland (ELCS) briefing on the excessive costs of challenging environmental decisions in Scottish Courts.  In Scotland raising challenges to environmental decisions are generally by way of judicial review. There is no doubt that judicial review is very expensive, and prohibitively so for the ordinary person.The Government’s moves to tackle the excessive cost of environmental litigation are limited to codification of rules of court for PEOs; however, issues with accessing legal aid and increases in court fees mean these rules are unlikely to significantly increase access to justice in environmental cases.