The UK government plans to change environmental legal-cost rules by the end of 2027, weighing access to justice under an international treaty against its stated goal of deterring misuse of judicial review.
The issue has international significance because the UK is bound by the Aarhus Convention, which covers public access to environmental information, participation in environmental decisions and access to justice. Article 9(4) requires covered proceedings to be fair and timely, with costs that are not prohibitive; the treaty does not set the UK’s specific cost limits.
In England and Wales, a claimant who loses a covered case generally faces a cap of £5,000 if an individual or £10,000 in other cases for the opposing party’s costs. The defendant’s cap is £35,000. Courts may vary or remove the limits under a separate rule, subject to a test intended to prevent proceedings from becoming prohibitively expensive.
The Guardian reported Nov. 13 that environmental lawyers said Ministry of Justice officials had discussed possible changes in private meetings with selected stakeholders. The newspaper also reported concerns about broader removal of protections. Public government documents confirm plans to update the regime but do not confirm a broad removal plan.
A government-commissioned Nuclear Regulatory Taskforce report published in November 2025 recommended adjusting the caps for inflation, doubling them at each stage of a challenge and removing protection if a court finds misuse of judicial review. It also proposed setting a crowdfunded claimant’s costs cap at 70% of the funds raised. The task force argued that low caps could encourage claims with no prospect of success and delay development; its proposals are not current rules.
In its March 13 response, the government said it would work with the Civil Procedure Rule Committee on changes by the end of 2027. It said the reforms should deter misuse while maintaining access to justice and meeting the UK’s international obligations. A six-week consultation launched July 16 proposed limits on repeated unsuccessful challenges and clearer court timetables for major housing, transport and energy projects, but did not set final costs caps. A Nov. 3 parliamentary answer reiterated the UK’s commitment to its Aarhus obligations and said domestic legislation could change while the country remained in the convention.
The 2024 Finch ruling illustrates the scope of environmental review: the Supreme Court found that an assessment for an oil project in Surrey had to account for emissions from burning the oil it would produce. The Guardian reported that a government spokesperson said there were no plans to remove protections for well-founded claims. The final design of the costs-rule changes is due by the end of 2027.
