Rule 46.25 Opting out, and other cases where rules 46.26 to 46.28 do not apply to a claimantF1F2
Subject to paragraph (2), rules 46.26 to 46.28 apply where a claimant who is a member of the public has—
stated in the claim form that the claim is an Aarhus Convention claim; and
filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—
the claimant’s significant assets, liabilities, income and expenditure; and
in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.
Subject to paragraph (3), rules 46.26 to 46.28 do not apply where the claimant has stated in the claim form that although the claim is an Aarhus Convention claim, the claimant does not wish those rules to apply.
If there is more than one claimant, rules 46.26 to 46.28 do not apply in relation to the costs payable by or to any claimant who has not acted as set out in paragraph (1), or who has acted as set out in paragraph (2), or who is not a member of the public.
Annotations
Textual amendments
- F1
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)
- F2
Pt. 46 Section 9 inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(6) (with rule 2)
Notes on Part 46
Textual amendments
- F2
Words in Pt. 46 Table of Contents inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(a) (with rule 6); S.I. 2016/717, art. 3(d)
- F3
Words in Pt. 46 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(1)
- F4
Words in Pt. 46 Table of Contents inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(1) (with rule 2)
Modifications
- C1
Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)