Section 46.27(3)

Proceedings are to be considered prohibitively expensive for the purpose of this rule if their likely costs (including any court fees which are payable by the claimant) either— exceed the financial resources of the claimant; or are objectively unreasonable having regard to— the situation of the parties; whether the claimant has a reasonable prospect of success; the importance of what is at stake for the claimant; the importance of what is at stake for the environment; the complexity of the relevant law and procedure; and whether the claim is frivolous.

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Source: legislation.gov.uk · retrieved 2026-08-15