[F1[F2Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claimsE+W
52.19A.—(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.]]
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)
F2Rule 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))
F3Words 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)
F4Words 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)
F5Words 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)