Regulation 6 Determination of prohibitive expenseF1

Proceedings are to be considered prohibitively expensive for the purpose of these Regulations if, having regard to any court fee an applicant is liable to pay, their likely costs either—

(a)

exceed the financial means of the applicant; or

(b)

are objectively unreasonable having regard to—

(i)

the situation of the parties;

(ii)

whether the applicant has a reasonable prospect of success;

(iii)

the importance of what is at stake for the applicant;

(iv)

the importance of what is at stake for the environment;

(v)

the complexity of the relevant law and procedure; and

(vi)

whether the case is frivolous.

Annotations

Textual amendments

F1: Reg. 6 inserted (14.2.2017) by The Costs Protection (Aarhus Convention) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/27), regs. 1, 3(6)