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Legal Challenges to Decisions by Public Authorities Under the Public Participation Directive 2003/35/EC: A Consultation

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Questions

Q1. In your opinion should there be a scheme for the capping of costs in legal challenges to public authorities' decisions within the scope of the PPD?
Q2. If a scheme is introduced, should there be a presumptive limit?

Q3. Should the limit be set at £5,000?

Q4. Should the figure be higher or lower than £5,000?

Q5. Should the amount be left to the Court's discretion?

Q6. Should challenges to the limit be allowed?

Q7. Should it be possible to raise the level, if challenged?

Q8. If considering challenges to the presumptive limit, should the court be restricted to considering financial information which is already in the public domain?

Q9. Should challenges only be allowed against organisations or should challenges also be allowed against wealthy individuals?

Q10. Should a party who unsuccessfully challenges a PEO be liable for costs sanctions?

Q11. If introduced, what should these sanctions be?

Q12. Should there be an automatic cross-cap?

Q13. If introduced, should the cross-cap be set at £30,000?

Q14. Should the figure be higher or lower than £30,000?

Q15. Should it be possible to challenge the cross-cap?

Q16. On what basis should a challenge to a cross-cap be made?

Q17. Should a party who unsuccessfully challenges a cross-cap be liable for costs sanctions?

Q18. If introduced, what should these sanctions be?

Q19. If a cross cap were to be challenged, should the level of PEO be reviewed?

Q20. Should the proposed rules apply to appeals?

Q21. If the proposed rules are to apply to appeals, how should PEOs be treated?

Q22. In appeal proceedings, should a higher presumptive limit be set?

Q23. Should the court have discretion as to the limit of a PEO on appeal?

Q24. If a presumptive limit should be set, what amount do you consider would be appropriate?

Questions 25 to 27 are particularly aimed at respondents who have, or would bring or support, legal challenges in areas covered by the PPD.

Q25. Would (in a case within the scope of the PPD) the proposed rules on PEOs enable you to bring a judicial review, or statutory review, in the Court of Session?

Q26. How many cases would you expect to bring?

Q27. Are you aware of specific instances where a party has been deterred from bringing a case within the scope of PPD due to concerns over potential liability for adverse costs? If so please provide specific details including the matter you wished to challenge.

Q28. Do you have any other comments on the proposals outlined in this paper?