The High Court recently heard argument over whether the Aarhus Convention applies to private nuisance proceedings and whether a Protective Costs Order could be made in private law proceedings. The case concerned a litigant who was proposing to bring private nuisance proceedings against a company operating a land reclamation scheme in the vicinity of her home. She applied for a Protective Costs Order on the grounds that those proceedings would be "prohibitively expensive" without such an Order being made. The application, which considered the applicability and effect of the Aarhus Convention and the EIA Directive, as well as judicial discretion on costs, was heard over one day by HHJ Jarman QC sitting as a Deputy High Court Judge in the District Registry of the High Court in Cardiff. The judge reserved judgment, which is expected to be handed down at the end of August. James Pereira and Jack Connah represented the Defendant, Miller Argent (South Wales) Ltd, and were instructed by Paul Stone of DLA Piper.
