R (on the application of CATHERINE LEWIS) v THE WELSH MINISTERS

R (on the application of CATHERINE LEWIS) v THE WELSH MINISTERS

The claim included a ground (Ground 3) alleging breach of national law relating to the environment in good faith, making it an Aarhus Convention Claim. The Claimant was claiming as an individual and complied with the procedural requirements. Therefore, the costs payable by the Claimant are limited to £5,000, apportioned between the Defendant and Interested Party.

Parties
Claimant: Catherine Lewis; Defendant: Welsh Ministers; Interested Party: Velindre University NHS Trust
Jurisdiction
England and Wales
Judgment Date
04 March 2022
Procedural Posture
Judicial Review / Costs Determination Following Refusal of Permission
Outcome
Costs payable by the Claimant limited to £5,000 as an Aarhus Convention Claim; costs apportioned between Defendant and Interested Party; set-off for costs of the Aarhus issue as appropriate.
Legal Topics
Aarhus Convention, Costs Capping, Judicial Review, Well Being of Future Generations (wales) Act 2015, Environment (wales) Act 2016
Administrative Law Environmental Law Aarhus Convention Costs Capping Judicial Review Well Being of Future Generations (wales) Act 2015 Environment (wales) Act 2016

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Parties

Catherine Lewis

Claimant

Welsh Ministers

Defendant

Velindre University NHS Trust

Interested Party

Procedural Posture

Judicial Review / Costs Determination Following Refusal of Permission

Legal Issues

  1. 1 Whether the claim is an Aarhus Convention Claim for costs protection
  2. 2 Whether the Claimant is claiming as an individual or on behalf of others
  3. 3 Whether the claim complies with CPR Pt 45.42(1)(b)

Ratio Decidendi

The claim included a ground (Ground 3) alleging breach of national law relating to the environment in good faith, making it an Aarhus Convention Claim. The Claimant was claiming as an individual and complied with the procedural requirements. Therefore, the costs payable by the Claimant are limited to £5,000, apportioned between the Defendant and Interested Party.

Court Disposition

Costs payable by the Claimant limited to £5,000 as an Aarhus Convention Claim; costs apportioned between Defendant and Interested Party; set-off for costs of the Aarhus issue as appropriate.

Orders

  • Claimant to pay costs limited to £5,000 under CPR Pt 45.43, apportioned between Defendant and Interested Party.
  • Set-off of costs for the Aarhus issue as per Pt 45.45(3)(b).