Rule 26 Caps
Rule 26 Caps
CPR 46.26 (as inserted from 1 October 2023) contains specific Aarhus costs caps, absent an upward or downward variation by the Court:
46.26.— Limit on costs recoverable from a party in an Aarhus Convention claim. (1) Subject to rules 46.25 and 46.28, a claimant or defendant in an Aarhus Convention claim may not be ordered to pay costs exceeding the amounts in paragraph (2) or (3) or as varied in accordance with rule 46.27. (2) For a claimant the amount is— (a) £5,000 where the claimant is claiming only as an individual and not as, or on behalf of, a business or other legal person; (b) £10,000 in all other cases. (3) For a defendant the amount is £35,000. (4) In an Aarhus Convention claim with multiple claimants or multiple defendants, the amounts in paragraphs (2) and (3) (subject to any direction of the court under rule 46.27) apply in relation to each such claimant or defendant individually and may not be exceeded, irrespective of the number of receiving parties.
- Heading
- FORDHAM J
- REDACTION
- VARIATION OF AARHUS COSTS CAPS
- Aarhus Costs Caps
- The Public Interest Imperative
- Rule 26 Caps
- Rule 27 Variations
- What are the Rule 26 Caps?
- What is Limb (a)?
- What is Limb (b)?
- My Conclusion
- My Reasons
- Natural England’s Fairer Balance
- Nature of the Exercise
- Conclusion
- Conclusions
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