SCJC publish responses to Protective Expenses Orders consultation

The draft rules seek to ensure that, where applicable, the rules regulating applications for Protective Expenses Orders (PEOs) in environmental proceedings operate so as to give proper effect to the requirement, under the Aarhus Convention and European Union law, that proceedings should not be “prohibitively expensive”.

The rules, developed by the council, propose a new procedural model for applications for PEOs.

The 15 responses to the consultation come from organisations including the Law Society of Scotland and the Scottish Government, which hold opposing views on whether the rules should define “prohibitively expensive”.

The Law Society’s response says it is “important that a consistent approach is adopted by the Judges in the Court of Session as to how ‘prohibitively expensive’ is defined and applied”, while the Scottish Government’s says it “should be left to the court to determine … in accordance with case law … and in light of the facts and circumstances of the case”.

The consultation responses can be viewed in full online.