Content area
Full text
Environment Costs
(2010]UK5C57
[2011101 EG 64 (CS)
Supreme Court
Lord Hope, Deputy President, Lord Walker, Lord Brown, Lord Mance, Lord Dyson
15 December 2010
Public law - Environmental cases - Access to review procedure - Aarhus Convention - Article 1 5a of Directive 96/61/EC - Article 1 0a of Directive 85/337/EEC - Requirement that review procedure not prohibitively expensive - House of Lords awarding costs against appellant after dismissing appeal - Whether Aarhus principles to be taken into account in assessing of costs - Whether such consideration barred by issue estoppel - Preliminary issues determined
The appellant was a party to proceedings commenced by another to challenge the grant to a cement-works operator of a permit under the Pollution Prevention and Control (England and Wales) Regulations 2000, which implemented Council Directive 96/61/EC (the IPPC Directive) on integrated pollution prevention and control. An appeal was brought before the Court of Appeal against the dismissal of a judicial review claim in respect of the grant; the original claimant withdrew at the end of the Court of Appeal hearing and the appellant was added as a party in order to continue that appeal. The appeal was subsequently dismissed but leave was given to appeal to the House of Lords.
The appellant applied for a waiver of the security sum payable on such an appeal and for...