{
  "url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-46.28",
  "json_url": "https://openlegislation.uk/civil-procedure-rules-1998/rule-46.28.json",
  "legislation": "uksi/1998/3132",
  "legislation_title": "The Civil Procedure Rules 1998",
  "legislation_url": "https://openlegislation.uk/civil-procedure-rules-1998",
  "path": "rule/46.28",
  "kind": "rule",
  "number": "46.28",
  "heading": "Challenging whether the claim is an Aarhus Convention claim",
  "text": "(1) Where a claimant has complied with rule 46.25(1), and subject to rule 46.25(2) and (3), rule 46.26 applies unless—\n(a) the defendant has in the acknowledgment of service—\n(i) denied that the claim is an Aarhus Convention claim; and\n(ii) set out the defendant’s grounds for such denial; and\n(b) the court has determined that the claim is not an Aarhus Convention claim.\n(2) Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity.\n(3) In any proceedings to determine whether the claim is an Aarhus Convention claim—\n(a) if the court holds that the claim is not an Aarhus Convention claim, it shall, except for good reason, make no order for costs in relation to those proceedings;\n(b) if the court holds that the claim is an Aarhus Convention claim, it shall, except for good reason, order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 46.26(3) or any variation of that amount.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/3132/rule/46.28",
    "retrieved_at": "2026-10-29T11:12:59.276840+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}