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Rule 52.19A Orders to limit the recoverable costs of an appeal – appeals in Aarhus Convention claimsF1F2

(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.

Annotations

Textual amendments

F1

Pt. 52 substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rule 2, Sch. (with rule 16)

F2

Rule 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))

F3

Words 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)

F4

Words 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)

F5

Words 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)

Notes on Part 52

Textual amendments

F2

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(a)

F3

Words in Pt. 52 Table of Contents inserted (1.10.2024) by virtue of The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 13(1)

F4

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(b)

F5

Words in Pt. 52 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 24(1)(c)

Modifications

C1

Pt. 52 applied (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rules 1, 12.58 (with rule 3(3), Sch. 2)

C2

Pt. 52 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.40 (with rule 1.2)

C3

Pt. 52 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.37 (with rule 1.2)

C4

Pt. 52 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 133(3) (with rule 4(1))

C5

Pt. 52 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 236-239 (with rule 5)

C6

Pt. 52 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 129(3) (with rule 2)

C7

Pt. 52 applied (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 129(3) (with rule 2(1))