Regulation 3A Costs in appealsF1

(1)

Upon any appeal of a decision in an Aarhus Convention case, the court shall, subject to paragraph (2), order that the costs in respect of the appeal recoverable from an applicant or a respondent shall not exceed the amounts specified in regulation 3(2) and (4).

(2)

The court shall have the same powers as those of the original court under regulation 3(3), (5) and (7).

(3)

Nothing in this regulation shall affect the power of the court to make an order as to the costs of the proceedings in the original court but those costs shall not exceed the amounts specified in regulation 3(2), (4) or in any order of that court made under regulation 3(3) or (5).

(4)

In this regulation—

(a)

“applicant” means the applicant in the original court;

(b)

“respondent” means the respondent in the original court; and

(c)

“the court” means the Court of Appeal.

Annotations

Textual amendments

F1: Reg. 3A inserted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(4)