David Hall memorial lecture: Environmental justice: The cost barrier

Journal of Environmental Law

Volumn 18, Issue 3, 2006, Pages 341-356

  Brooke, Lord Justice ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

COST; ENVIRONMENTAL JUSTICE;

EID: 33750471574     PISSN: 09528873     EISSN: 1464374X     Source Type: Journal    
DOI: 10.1093/jel/eql020     Document Type: Article

References (42)

1. The reforms to RSC Order 53, implementing recommendations by the Law Commission, came into effect in 1977, followed by the enactment of s 31 of the Supreme Court Act 1981 four years later.
2. R v Inland Revenue Commissioners, ex p National Federation of Small and Self-Employed Businesses Ltd [1982] AC 617.
3. [1990] 1 Q.B. 504. A trust company had been created to preserve the remains of the Rose Theatre in Southwark, which had been unearthed in the course of a commercial development. Today, we would take it for granted that the Trust would be treated as having standing to mount a High Court challenge to a refusal to list the site, but this was not the view taken in 1989. The judge devoted most of his judgment to rejecting the Trust's challenge on its merits. But he ended it by saying that the Secretary of State's decision not to schedule the remains of the theatre was a governmental decision in respect of which members of the public had insufficient interest to be entitled to apply for judicial review.
4. Lord Justice Brooke, 'Patients, Doctors and the Law (1963-2003): A Few Reflections', 72 (Part 1) Medico-Legal Journal (2004) at 17.
5. Sizewell 'B' Nuclear Power Station Inquiry Transcript, Day 307 at 95H.
6. For a full and more detailed examination of the Sizewell Inquiry, see, T. O'Riordan, R. Kemp and M. Purdue, Sizewell B: An Anatomy of the Inquiry (Macmillan Press, 1988) at 309-318.
7. The Report of the Environmental Law Project, section 2.9.1, para 91.
8. Aiden Shipping Co Ltd v Interbulk Ltd [1986] AC 965.
9. Steele Ford and Newton v CPS (No 2) [1994] 1 AC 22.
10. Administrative Law: Judicial Review and Statutory Appeals (2004) Law Com No 226, para 10.6. See also para 10.5.
11. In his address to a conference of the National Environmental Law Association.
12. Oshlack v Richmond River Council [1998] HCA 11.
13. R (Corner House Research) v Secretary of State for Trade and Industry [2005] EWCA Civ 192.
14. New Zealand Maori Council v Attorney-General of New Zealand [1994] 1 AC 466.
15. The Privy Council's opinion is reported as Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment & Anor (Belize) [2003] UKPC 63.
16. Access to Justice Act 1999, s 8(2)(g).
17. Legal Services Commission, General Funding Code, Criterion 5.7.5.
18. Community Legal Service (General) Regulations, 2000, reg 47.
19. Ibid, reg 5B.
20. On its website at www.legalservices.gov.uk.
21. R (Anderson) v Legal Services Commission [2006] EWHC 617 (Admin), Goldring J.
22. R (Corner House Research) v Secretary of State for Trade & Industry [2005] EWCA Civ 192;
23. [2005] 1 WLR 2600.
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25. British Columbia (Minister of Forests) v Okanagan Indian Band (2003) 114 CRR 2d 108.
26. In Steele Ford & Newton v Crown Prosecution Service (No. 2) [1994] 1 AC 22.
27. Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters, done at Aarhus, Denmark, on 25 June 1998.
28. Sir Robert Carnwath, 'Environmental Litigation: A Way Through the Maze?' 11 Journal of Environmental Law (1999) at 3.
29. R (CND) v Prime Minister [2002] EWHC 2712 (Admin).
30. P. Stookes, Civil Law Aspects of Environmental Justice (Environmental Law Foundation, 2003).
31. R.Macrory and M.Woods, 'Modernising Environmental Justice: Regulation and the Role of an Environmental Tribunal', UCL (2003).
32. S. Chakrabarti, C. Gallagher and J. Stephens, 'Whose Cost the Public Interest?', Public Law (Winter 2003) at 697-715.
33. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and o6/61/EC.
34. See Department for Environment, Food and Rural Affairs Press Release of 24 February 2005.
35. Report of the Environmental Justice Project (London, March 2004)
36. 'Access to Environmental Justice: Making it Affordable', Coalition for Access to Justice for the Environment (CAJE), 16 Baldwins Gardens, London EC1N 7RJ.
37. See H.M. Courts Service's Business Strategy, February 2006.
38. King v Telegraph Group Ltd [2004] EWCA Civ 613.
39. R (Burkett) v Hammersmith & Fulham LBC [2004] EWCA Civ 134.
40. R (Ewing) v Office of Deputy Prime Minister [2005] EWCA Civ 1583.
41. Arkin v Borchard Lines Ltd [2005] EWCA Civ 655.
42. Barker v Bromley LBC [2006] EUECJ C-290/03 (4 May 2006).