Courts, Public Interest Litigation, and Homelessness: A Commentary on Recent Case Law

2019 ◽  
Author(s):  
Conor Casey
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Recent Case ◽  
Public Interest Litigation

scholarly journals Human Rights and Climate Change

2018 ◽  
Vol 28 (1-4) ◽  
pp. 113-144 ◽  
Author(s):  
Julie H. Albers
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Public Interest ◽  
Case Law ◽  
International Human Rights Law ◽  
Intergenerational Justice ◽  
Human Rights Law ◽  
Right To Life ◽  
Public Interest Litigation ◽  
European Court

This article explores the opportunities to use international human rights law to protect one’s right to life against the effects of climate change. It discusses four legal avenues: greening the existing human rights paradigm, formulating a new substantive right to the environment, public interest litigation and intergenerational justice. This is illustrated with case law from the European Court of Human Rights and various national jurisdictions. The main finding is that the human rights system should become more open towards public interest litigation and intergenerational justice, complemented by a broadening of the standing requirements.

Recent Developments Regarding Costs Awards in Constitutional and Public-interest Litigation

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Tumo Charles Maloka
Keyword(s):  
Public Interest ◽  
General Rule ◽  
Case Law ◽  
Professional Standards ◽  
Constitutional Rights ◽  
Public Interest Litigation ◽  
Second Stage ◽  
Recent Developments ◽  
Last Stage ◽  
The Impact

This contribution examines the contours of costs jurisprudence since the foundational trilogy of Ferreira v Levin NO 1996 (2) SA (CC), Affordable Medicines Trust v Minister of Health 2006 (3) SA 247 (CC) and Biowatch Trust v Registrar Genetic Resources 2009 (6) SA 232 (CC). Given that the general rule is not to award costs against unsuccessful litigants when they are litigating against state parties, the first stage of enquiry asks whether the case raises a public interest matter of transcendental importance. The second stage of enquiry delves into the impact that adverse costs orders might have on litigants seeking to vindicate constitutional rights. The last stage of enquiry considers the knotty question concerning personal costs awards against public officer-holders for conduct at variance with the Constitution. The signposts that emerge from evolving case law is that if an unsuccessful party lowered its ethical and professional standards in pursuit of a constitutional cause, such party may be mulcted with costs.  It is trite that courts will not hesitate to exercise discretion to impose adverse costs, and specifically hold public representatives personally liable for costs in order to reinforce the constitutional tri-norms of accountability, responsiveness and openness.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

What are the duties of an outgoing trustee?

2020 ◽  
Author(s):  
Stephen Alexander ◽  
Michael Edwards
Keyword(s):  
Case Law ◽  
Recent Case ◽  
England And Wales ◽  
Royal Court ◽  
Trust Company

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).

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