Northern Ireland’s Department of Justice has confirmed a three‑year update to court fees, but environmental claimants retain vital protections. The Court of Judicature Fees (Amendment) Order (Northern Ireland) 2026-made on 3 March 2026 after consultation with the Lady Chief Justice and due to take effect on 1 April-refreshes most civil and family court charges while preserving the pre‑existing regime for judicial reviews covered by the Aarhus Convention. For Eco Current readers, the take‑away is clear: access to environmental justice remains safeguarded even as general fees rise.

The Department frames the changes as a measured response to running‑cost pressures and a step towards full cost recovery for the courts. Following last year’s consultation, the plan sets a 5 per cent uplift from 1 April 2026, then a further 2 per cent in both 2027 and 2028-an inflation‑paced glide path rather than a sudden hike. (justice-ni.gov.uk)

Critically for environmental justice, Article 4 of the 2026 Order confirms that the 1996 Fees Order continues to apply to judicial reviews and statutory reviews that fall within the Aarhus Convention. In practice, the new general increases will not bite on Aarhus claims-maintaining a route to court that must, under the Convention, be fair, timely and not prohibitively expensive. Academic analysis likewise reads “not prohibitively expensive” as costs that would deter environmental defenders from bringing a case. (unece.org)

What counts as an Aarhus case? The Convention’s third pillar covers court review of refusals of environmental information, challenges to planning and permitting decisions that required public participation, and broader breaches of environmental law. If your claim maps to one of those categories, it is likely to qualify. (unece.org)

For community groups and residents’ associations, the next step is practical. When instructing a solicitor on a potential challenge, ask them to confirm to the court at issue that your matter is an ‘Aarhus Convention claim’ and to seek the applicable protections from the outset. Keep records of consultation responses and information requests-they help demonstrate Aarhus scope and strengthen your grounds.

Low‑income users remain eligible for exemptions or remissions via NICTS’ Help with Court Fees policy. That safety net sits alongside the Aarhus carve‑out, keeping legitimate environmental cases viable for communities, not just corporations. (justice-ni.gov.uk)

The Department’s figures show fees raised around £25m against costs of £33m in 2023–24, with civil and family cost recovery at 78 per cent-one reason officials are pursuing steady, inflation‑linked increases. Previous uplifts arrived in November 2023 and October 2024; the next cycle begins on 1 April 2026. (justice-ni.gov.uk)

Expect refreshed fee schedules and guidance to follow as the Order comes into force. For environmental litigants, the headline is simple: the door to court stays open. Use this window to plan filings, budget realistically, and focus on strong evidence-the protections are a floor, not a free pass. (thebriefni.co.uk)