The Criminal Justice and Courts Act 2015 (Disapplication of Sections 88 and 89) Regulations 2017
Sections 88 and 89 of the Criminal Justice and Courts Act 2015 (c. 2) (“the 2015 Act”) make provision for costs capping orders, which are orders which limit or remove the liability of a party to judicial review proceedings (as defined in section 88(12) of the 2015 Act) to pay another party’s costs. Section 90 of the 2015 Act enables the Lord Chancellor by regulations to provide that sections 88 and 89 do not apply to judicial review proceedings which, in the Lord Chancellor’s opinion, have as their subject an issue relating entirely or partly to the environment. These Regulations provide that sections 88 and 89 do not apply to judicial review proceedings to which the separate costs protection regime in the Civil Procedure Rules 1998 (S.I. 1998/3132, as amended) for Aarhus Convention claims, and appeals from decisions in such claims, applies.