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The Costs Protection (Aarhus Convention) Regulations (Northern Ireland) 2013

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Costs in Aarhus Convention cases

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3.  (1) These Regulations shall not apply where the applicant—

(a)has not stated in the application that it is an Aarhus Convention case; or

(b)has stated in the application that the applicant does not wish these Regulations to apply.

(2) Subject to paragraph (4), in an Aarhus Convention case, the court shall order that any costs recoverable from an applicant shall not exceed £5,000 where the applicant is an individual and £10,000 where the applicant is a legal person or an individual applying in the name of a legal entity or unincorporated association.

(3) In an Aarhus Convention case, the court shall order that the costs recoverable from a respondent shall not exceed £35,000 subject to regulation 4(3).

(4) Where the applicant is or was represented by a legal representative and this representation is or was provided free of charge, in whole or in part, even if the applicant is or was also represented by a legal representative not acting free of charge, the court shall order the respondent to make a payment to the Northern Ireland Lawyers Pro Bono Unit (registered charity number XR35688) in respect of such part of the recoverable costs as the court considers just.

(5) The amount payable under paragraph (4) shall not exceed the amount which an applicant would have recovered under paragraph (2) had the representation of the applicant not been provided free of charge.

(6) Where the court makes an order under paragraph (4) the applicant shall send a copy of the order to the Northern Ireland Pro Bono Unit within 7 days of receipt of the order.

(7) Upon any appeal of a decision in an Aarhus Convention case, the court hearing the appeal may make an order that the recoverable costs of the appeal will be limited to the extent which the court specifies having regard to—

(a)the means of both parties;

(b)all the circumstances of the case; and

(c)the need to facilitate access to justice.

(8) The court hearing the appeal shall have the same powers as those of the High Court under paragraph (4).

(9) The amounts specified in paragraphs (2) and (3) do not include value added tax.

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