The civil justice system prevents people concerned about the environment from going to court and the criminal justice system fails to provide effective deterrents to environmental and wildlife crimes, a report by the Environmental Justice Project (EJP) has claimed.

The EJP survey of 53 solicitors, barristers and non-governmental organisations involved in environmental work found that 97% of those interviewed did not think that the civil law system delivered environmental justice.

Two-thirds of respondents (66%) also said they did not think that the courts understand environmental issues, with 44% calling for judges to be given special training.

The report found that the most significant barrier to bringing a civil case was the cost, with the costs rules where the losing party pays its own costs as well as those of the other side a particular obstacle.

One in four respondents (26%) mentioned limited scope of judicial review as a problem.

The EJP - which comprises Pamela Castle, chairwoman of the Environmental Law Foundation, Martyn Day, senior partner of Leigh Day & Co and Carol Hatton, solicitor at wildlife charity WWF - called for the government to establish a separate environmental court or tribunal, served by specialist judges and with special rules.

Ms Hatton told the Gazette that ideally the EJP would like a situation where each party bears their own costs, as in employment tribunals.

'People can't anticipate what the costs of bringing a case will be, particularly if the other side instructs a number of QCs to fight the claim,' she said.

The EJP report also criticised the judiciary for handing down low levels of fines for environmental offences, which it claimed meant it was in the interest of large corporations to continue polluting the environment.

'We need the judiciary to be tougher and more inventive by increasing fines and using a wider range of sentencing options - including custodial sentences and community service orders,' it recommended.

The report also suggested that the UK is unable to comply with the Aarhus Convention, which seeks to establish a consistent standard for access to justice in environmental matters.

Five EU member states, including France and Italy, have ratified the convention.

Philip Hoult