F1PART 45FIXED COSTS
F2SECTION VIICosts limits in Aarhus Convention claims
Pt. 45 Section 7 substituted (28.2.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(a), 8(5) (with rule 13(3))
Varying the limit on costs recoverable from a party in an Aarhus Convention claim45.44
1
The court may vary the amounts in rule 45.43 or may remove altogether the limits on the maximum costs liability of any party in an Aarhus Convention claim.
2
The court may vary such an amount or remove such a limit only if satisfied that—
a
to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and
b
in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.
3
Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either—
a
exceed the financial resources of the claimant; or
b
are objectively unreasonable having regard to—
i
the situation of the parties;
ii
whether the claimant has a reasonable prospect of success;
iii
the importance of what is at stake for the claimant;
iv
the importance of what is at stake for the environment;
v
the complexity of the relevant law and procedure; and
vi
whether the claim is frivolous.
4
When the court considers the financial resources of the claimant for the purposes of this rule, it must have regard to any financial support which any person has provided or is likely to provide to the claimant.
(Rule 39.2(3)(c) makes provision for a hearing (or any part of it) to be in private if it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.)
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)