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United Kingdom - Outer House, Court of Session - Opinion of Lady Dorrian in the Petition of Marco McGinty and Another for Judicial Review - Summary with link to Opinion

Costs - The Outer Court of Session (Scotland) stated that the criteria for making a Protective Cost Order (PCO) were satisfied in an environmental case and ordered that if the petitioner – an unemployed person with low income – would lose the case, he would be liable for the costs of the Scottish Ministers up to a level of £30,000. A reciprocal costs cap was also imposed so that in the event of success, the petitioner’s recovery should be limited to that of a solicitor and one senior counsel acting without a junior.

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