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Cross-Undertaking in Damages (Environmental Judicial Review Cases)

Volume 519: debated on Wednesday 24 November 2010

I am publishing the consultation paper “Consultation on Cross-Undertakings in Damages in Environmental Judicial Review Cases” on 24 November 2010.

This is a formal consultation exercise undertaken by the Ministry of Justice to seek views on whether:

the existing measure of judicial discretion on whether to require cross-undertakings in environmental judicial review cases strikes an appropriate balance between the interests of the claimant and defendant and, where appropriate, the general public interest in the circumstances of each particular case; and

such undertakings should be required when interim relief is sought.

Copies of the consultation paper have been placed in the Libraries of both Houses and the document is also available online, at

The consultation period will be from 24 November to 24 February 2011 and I will make a further statement regarding the response shortly after the consultation period ends.