Court: Supreme Court

Application of CJEU guidance relating to Aarhus Convention duty to ensure environmental cases “not prohibitively expensive”

R (Edwards & Anor) v Environment Agency & Ors (No 2) [2013] UKSC 78

A reference to the CJEU had been made relating to the obligation under the Aarhus Convention to ensure that environmental cases are “not prohibitively expensive”. The following could be extracted from the CJEU’s ruling, inter alia: the cost must not be objectively unreasonable; the court could consider whether the claimant had a reasonable prospect of success; that a claimant was not deterred from carrying on the proceedings was not determinative.

A ministry of justice could be “judicial authority” for the purposes of Extradition Act 2003, Pt 1

Bucnys v Ministry of Justice, & other cases [2013] UKSC 71

Extraditees submitted, inta alia, that a Ministry of Justice could not be a “judicial authority” within the meaning of the Council Framework Decision 2002/584/JHA and/or the Extradition Act 2003, Pt 1. Held: an EAW issued by a ministry could be regarded as issued by a judicial authority issued at the warrant at the request of and by way of endorsement of a decision made by a court etc responsible for the sentence.