[F1Orders to limit the recoverable costs of an appeal [F2– general] E+W
52.19.—(1) [F3Subject to rule 52.19A, in] any proceedings in which costs recovery is normally limited or excluded at first instance, an appeal court may make an order that the recoverable costs of an appeal will be limited to the extent which the court specifies.
(2) In making such an order the court will have regard to—
(a)the means of both parties;
(b)all the circumstances of the case; and
(c)the need to facilitate access to justice.
(3) If the appeal raises an issue of principle or practice upon which substantial sums may turn, it may not be appropriate to make an order under paragraph (1).
(4) An application for such an order must be made as soon as practicable and will be determined without a hearing unless the court orders otherwise.]
Textual Amendments
F1Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)
F2Word in rule 52.19 heading inserted (28.2.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(a), 9(1)(a) (with rule 13(3))
F3Words in rule 52.19(1) substituted (28.2.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(a), 9(1)(b) (with rule 13(3))