Article 9 Amendment of Part 52
In rule 52.19—
in the heading, at the end insert “– general”; and
in paragraph (1), for “In” substitute “Subject to rule 52.19A, in”.
After rule 52.19A insert—
“Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claims
52.19A.(1)In this rule, “Aarhus Convention claim” and “prohibitively expensive” have the same meanings as in Section VII of Part 45, and “claimant” means a claimant to whom rules 45.43 to 45.45 apply.
(2)In an appeal against a decision made in an Aarhus Convention claim to which rules 45.43 to 45.45 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.”