Protective expenses orders and public interest litigation

Mullen, T. (2015) Protective expenses orders and public interest litigation. Edinburgh Law Review, 19(1), pp. 36-65. (doi: 10.3366/elr.2015.0250)

113945.pdf - Accepted Version



This article concerns the practice of excluding or limiting the liability in expenses of public interest litigants, a comparatively recent development in the United Kingdom legal systems. Such orders are called protective expenses orders (PEOs) in Scotland and protective costs orders (PCOs) in England and Northern Ireland, and in all three jurisdictions have been developed by the judges in the exercise of the wide discretion they have traditionally enjoyed in relation to awards of expenses. During 2013, new rules of court on PEO/PCOs were adopted in all three jurisdictions applying specifically to public interest environmental law litigation. This article provides an analysis of PEOs in Scotland in the light of the introduction of the new rules for environmental cases and of the English experience.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Mullen, Professor Tom
Authors: Mullen, T.
College/School:College of Social Sciences > School of Law
Journal Name:Edinburgh Law Review
Publisher:Edinburgh University Press
ISSN (Online):1755-1692
Copyright Holders:Copyright © 2015 Edinburgh University Press
First Published:First published in Edinburgh Law Review 19(1):36-65
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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