The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 52 E+W APPEALS

Textual Amendments

F1 Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

Modifications etc. (not altering text)

C1 Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)

C2 Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)

C3 Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)

C4 Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))

C5 Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)

C6 Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)

SECTION IV E+W Additional rules

[F2 Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims E+W

52.19A.— (1) In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in [F3 Section IX of Part 46], and “claimant” means a claimant to whom rules [F4 46.26 to 46.28] apply.

(2) In an appeal against a decision made in an Aarhus Convention claim to which rules [F5 46.26 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.]]

Textual Amendments

F2 Rule 52.19A inserted (28.2.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(a), 9(2) (with rule 13(3))

F3 Words in rule 52.19A(1) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 17(a)(i) (with rule 2)

F4 Words in rule 52.19A(1) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 17(a)(ii) (with rule 2)

F5 Words in rule 52.19A(2) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 17(b) (with rule 2)