[F1Challenging whether the claim is an Aarhus Convention claimE+W
45.44.—(1) If the claimant has stated in the claim form that the claim is an Aarhus Convention claim, rule 45.43 will apply unless—
(a)the defendant has in the acknowledgment of service filed in accordance with rule 54.8—
(i)denied that the claim is an Aarhus Convention claim; and
(ii)set out the defendant’s grounds for such denial; and
(b)the court has determined that the claim is not an Aarhus Convention claim.
(2) Where the defendant argues that the claim is not an Aarhus Convention claim, the court will determine that issue at the earliest opportunity.
(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—
(a)if the court holds that the claim is not an Aarhus Convention claim, it will normally make no order for costs in relation to those proceedings;
(b)if the court holds that the claim is an Aarhus Convention claim, it will normally order the defendant to pay the claimant’s costs of those proceedings on the indemnity basis, and that order may be enforced notwithstanding that this would increase the costs payable by the defendant beyond the amount prescribed in Practice Direction 45.]