Report

After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998

“…General recommendations that are of particular interest here include those relating to conditional fee arrangements (CFAs). 161 The Jackson Review proposed ending the recoverability of success fees in CFAs (in future, such monies would have to be paid from a successful claimant's damages.) This recommendation proved most unpopular with the legal profession, who viewed it as, amongst other things, having a negative impact on access to justice for "the vast majority, who can't afford to bring cases of this nature to Court."…”

“…However, if the Jackson Review's recommendations in regard to nuisance are fully followed through, then infringements of Aarhus requirements on affordable recourse to the courts are likely to decrease. These favour greater use of statutory nuisance proceedings and an expansion in the use of before the event (BTE) insurance 171 to cover expenses in private nuisance litigation.…”