Legal cost capping scheme consultation launched

Wednesday January 11th, 2012

Proposals for a costs capping scheme in cases challenging decisions by public authorities which impact on the environment were have been published in a Scottish Government consultation.

The 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 proposals are designed to provide access to justice in environmental cases within a robust legislative framework which allows public bodies to make decisions with confidence.

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.”

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