Orders to limit the recoverable costs of an appeal

Rule 52.9A

Orders to limit the recoverable costs of an appeal52.9A

1

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.