John Muir Trust v Scottish Ministers

Expenses – Protective expenses order (PEO). Court of Session: Refusing an application for a PEO in proceedings seeking reduction of the Scottish Ministers' decision to grant consent for the construction and operation of a wind farm, in which the Lord Ordinary refused the petitioners' application for a PEO in the Outer House, the petitioners proceeded, the Lord Ordinary reduced the relevant planning consent, the respondents and interested parties reclaimed and the petitioners applied for a PEO in the Inner House, the court was unable to conclude that the petitioners could not reasonably proceed with the reclaiming motion in the absence of a PEO.

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