Defending our right to participate in making environmental laws
We are challenging the Scottish Civil Justice Council’s failure to consult the public on legal expenses rules in environmental cases.
Overview
The Scottish Civil Justice Council (SCJC) was asked to review rules around legal expenses in environmental cases. A public body whose members include senior judges, the SCJC is responsible for keeping Scotland’s civil legal system under review.
The SCJC initially agreed to hold a public consultation on their review, but then cancelled it.
What action are we taking?
We argue that the SCJC breached Article 8 of the Aarhus Convention, which requires public bodies to consult the public when making certain laws that can significantly affect the environment.
We have submitted a formal complaint against the UK to the Aarhus Convention Compliance Committee. This is currently under consideration.
What is the Aarhus Convention?
The UN Aarhus Convention is an environmental treaty that protects our rights to access information, participate in decision-making and access justice in environmental matters.
Our right to participate in decision-making
Meaningfully involving the public in environmental decisions should improve outcomes and build trust in public bodies. In the case of the Scottish Civil Justice Council, their revised legal expense rules still do not comply with the Aarhus Convention – this might have been different if we were given our right to scrutinise.
Updates
The Aarhus Convention Compliance Committee decides that the complaint is admissible
At their open session on 2-5 June 2025, the Compliance Committee decided that our complaint was admissible on a preliminary basis – despite opposition from the UK.
We file a formal complaint to the Aarhus Convention Compliance Committee
We file a formal complaint against the Scottish Civil Justice Council (SCJC) over breaching Article 8 of the Aarhus Convention.
Scottish Civil Justice Council publishes new legal expense rules
The SCJC publishes new rules on Protective Expenses Orders (PEOs) without public consultation – which still fail to comply with the Aarhus Convention’s access to justice requirements.
Scottish Civil Justice Council cancels public consultation
After months of pressing for details of the public consultation, we find out that the SCJC has cancelled it. We ask them to reconsider to avoid another Aarhus Convention breach.
Scottish Civil Justice Council agrees to public consultation
Following extensive correspondence with us, the SCJC agrees to hold a public consultation on their review.
Scottish Civil Justice Council begins reviewing rules on legal expenses
The SCJC begins reviewing rules on legal expenses relating to Protective Expenses Orders (PEOs).
“We submitted this complaint to hold the Scottish Civil Justice Council to account and to draw attention to the continued failure of the state to respect Aarhus rights.”
Dr Ben Christman, ERCS Legal Director
