C1C2C3C4C5C6F1PART 52APPEALS

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SECTION IVAdditional rules

F2Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims52.19A

1

In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in F3Section IX of Part 46, and “claimant” means a claimant to whom rules F446.26 to 46.28 apply.

2

In an appeal against a decision made in an Aarhus Convention claim to which rules F546.26 to 46.28 apply, the court must—

a

consider whether the costs of the proceedings will be prohibitively expensive for a party who was a claimant; and

b

if they will be, make an order limiting the recoverable costs to the extent necessary to prevent this.

3

When the court considers the financial resources of a party 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 that party.