Costs – The Court of Appeal endorsed the flexible approach adopted in the cases of Compton and Buglife and considered that, in principle,there would be no barrier to the granting of a Protective Cost Order (PCO) in a private law dispute. The Court also endorsed the view that separate principles should not be developed for environmental cases and confirmed that the Convention ”may be taken into account by judges when resolving ambiguities or exercising discretion”.
United Kingdom - Court of Appeal - Morgan v Hinton Organics (Wessex) Ltd ( EWCA Civ 107) - Summary with link to judgment
Resource convention articles:
Publisher:UNECE / Task Force on Access to Justice
Court/body:Court of Appeal
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