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Costs – Order for costs. The appellant sought to pursue a private nuisance action against the respondent, concerning the respondent's non-compliance with planning permission conditions. The judge refused the appellant a protective costs order (PCO) and she appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that art 9.3 of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters could apply to private nuisance actions. However, having regard to the limited public benefit which the appellant's action would achieve, it did not fall within the scope of art 9.3 of the Convention.
Costs – Order for costs. The appellant sought to pursue a private nuisance action against the respondent, concerning the respondent's non-compliance with planning permission conditions. The judge refused the appellant a protective costs order (PCO) and she appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that art 9.3 of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters could apply to private nuisance actions. However, having regard to the limited public benefit which the appellant's action would achieve, it did not fall within the scope of art 9.3 of the Convention.
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