The Costs and Funding Committee of the Scottish Civil Justice Council has today published a report covering - “Research on the cost caps used in practice”. 

That research was instructed as part of the ongoing review of the Protective Expenses Order (PEO) Rules.  Potential litigants will look to the cost capping regime provided by those PEO Rules if they do wish to seek protection against an adverse award of expenses.  To confirm the cost caps within rule 58A.7 (1) were working as intended a key area for review was all cases where a PEO had been sought to date.

The outcome from that research on the cost caps is now available.  It will be of interest to those individuals or organisations with a general interest in protecting the environment, particularly those contemplating the use of litigation. 

 The ability to access the 28 cases were a PEO has been sought will help potential litigants undertake online searches of the relevant court opinions.  Reading those judgements will provide the reasons why the court may have granted or refused a PEO in the past, which in turn may assist those seeking a PEO in future.

Notes for Editors

 1. PEO is an acronym for Protective Expenses Order.

 2. This research paper can be viewed online via the publications page of the SCJC website:

 https://www.scottishciviljusticecouncil.gov.uk/publications/scjc-and-other-organisations'-publications

 3. This paper will also assist the Aarhus Convention Compliance Committee (ACCC) in their role of monitoring compliance with the Aarhus Convention.