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

Challenging whether the case is an Aarhus Convention case

4.—(1) If the applicant has stated in the application that it is an Aarhus Convention case, regulation 3 applies unless—

(a) the respondent has:

(i) stated that the case is not an Aarhus Convention case; and

(ii) set out the respondent’s grounds for arguing that the case is not an Aarhus Convention case; and

(b) the court is satisfied that the case is not an Aarhus Convention case.

(2) Where the respondent argues that the case is not an Aarhus Convention case, the court shall determine that issue at the earliest opportunity.

(3) In any proceedings, including any appeal, in relation to the question whether the case is an Aarhus Convention case—

(a) if the court is satisfied that the case is not an Aarhus Convention case, it shall normally make no order for costs in relation to those proceedings;

(b) if the court is satisfied that the case is an Aarhus Convention case, it shall normally order the respondent to pay the applicant’s costs of those proceedings on the indemnity basis, and those costs shall be payable notwithstanding that this would increase the costs payable by the respondent beyond those specified in regulation 3.

(4) An appeal of a decision on whether the case is an Aarhus Convention case shall lie to the Court of Appeal and the notice of appeal shall be served within 21 days from the date the decision was filed.