Real stealth politics, dramatically changing the legal bills to be faced in judicidial reviews (JR) has been revealed by distinguished environmenta law firm Client Earth., the RSPB and Friends of the Earth. They've started legal proceedings against the Lord Chancellor, the goverment's law chief and the Secretay of State for Justice for deciding to change the legal costs rules faced by organisations challenging government environmental decisions.
The change is subtle and brutal: instead of fixed, capped legal costs, judges will now be allowed to award what they think the costs should be against the party seeeking the JR. In legal industry language, it's called "taxation", which on environmental cases has been governed - have you guessed ? - by a European and international convention called the Aarhus Convention. This says that the public should be able to afford effective legal challenges to government decisions on environmental issues.
Client Earth has complained to the European Ombudsman, and the three organisations are seeking leave to challenge this rule change by the UK. So whoever may have thought Brexit was just a bungled outcome, think again: the UK has never liked European laws which defend environmental values aganst wealthy developers. Good luck to CE, FOE and the RSPB.