This is the second of a two-part briefing on the use of Protective Expenses Orders (PEOs) in environmental cases. Part one introduced ERCS’s Freedom of Information (FOI) request sent to the Scottish Courts and Tribunal Service (SCTS) and outlined how access to information remains a barrier to justice. In this briefing, we analyse the data supplied in response to our request for information, considering what it can tell us about Scotland’s system for the allocation of legal costs, and why it needs to change.