Consultation on Draft Court Rules in relation to Protective Expenses Orders - this consultation has now closed

The consultation document and associated annexes can be accessed below: 

Consultation document
Annex A - List of interested parties being consulted
Annex B - Respondent Information Form
Annex C - Consultation Questionnaire
Annex D - Chapter 58A of the Rules of the Court of Session
Annex E - Draft Protective Expenses Orders Rules


This consultation seeks views on draft rules for Protective Expenses Orders.  The draft rules seek to ensure that, where applicable, the rules regulating applications for Protective Expenses Orders (PEOs) in environmental proceedings operate so as to give proper effect to the requirement under the Aarhus Convention and European Union Law that proceedings should be 'not prohibitively expensive'.
The rules propose a new procedural model for applications for PEOs.

What Happens Next

Following the closing date, all responses will be analysed and considered along with any other available evidence to help the SCJC reach a view on draft rules for protective expenses orders.  It is intended to publish a consultation report on the SCJC website, following the meeting of the SCJC on 02 October 2017.



Mandy Williams

Telephone: 0131 240 6769