R (on the application of HS2 Action Alliance Ltd and another) v Secretary of State for Transport and another

Costs – Protective costs order. The Secretary of State appealed against the judge's order that the second claimant local planning authority was entitled to costs protection under CPR 45.41 and Practice Direction 45.5.1 (PD 45.5.1). The Court of Appeal, Civil Division, in dismissing the Secretary of State's cross-appeal, held, inter alia, that it would not be right to infer a limitation excluding public authorities, as defined in the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done (the Aarhus Convention), from those claimants who could benefit from costs protection under PD 45.5.1(b) in an Aarhus Convention case.

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