John Muir Trust, Re Judicial Review [2014] ScotCS CSOH_172A (05 December 2014)

John Muir Trust, Re Judicial Review [2014] ScotCS CSOH_172A (05 December 2014)

The petitioners failed to demonstrate that the proceedings would be prohibitively expensive given their available and anticipated resources, including donations and legacies. The fundamental prerequisite for a protective expenses order is not met. The motion is refused.

Citation
[2014] ScotCS CSOH_172A
Parties
Petitioner: The John Muir Trust; Respondent: Scottish Ministers; Interested Party: Scottish & Southern Energy Renewables (SSER)
Jurisdiction
Scotland
Judgment Date
05 December 2014
Procedural Posture
Judicial Review / Application for Protective Expenses Order
Outcome
Motion for protective expenses order refused.
Legal Topics
Protective Expenses Orders, Judicial Review, Environmental Litigation Costs, Standing of Ngos, Directive 2011/92/eu
Administrative Law Environmental Law Civil Procedure Protective Expenses Orders Judicial Review Environmental Litigation Costs Standing of Ngos Directive 2011/92/eu

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Parties

The John Muir Trust

Petitioner

Scottish Ministers

Respondent

Scottish & Southern Energy Renewables (SSER)

Interested Party

Procedural Posture

Judicial Review / Application for Protective Expenses Order

Legal Issues

  1. 1 Whether the proceedings are prohibitively expensive for the applicant under Rule of Court 58A and Directive 2011/92/EU
  2. 2 Whether a protective expenses order should be granted to the petitioner NGO

Ratio Decidendi

The petitioners failed to demonstrate that the proceedings would be prohibitively expensive given their available and anticipated resources, including donations and legacies. The fundamental prerequisite for a protective expenses order is not met. The motion is refused.

Court Disposition

Motion for protective expenses order refused.

Orders

  • Application for protective expenses order is refused.