[F1 PART 45 E+WFIXED COSTS

Textual Amendments

F1 Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

SECTION I E+WGeneral Provisions

Failure to achieve costs greater than fixed recoverable costs E+W

45.11.— (1) This rule applies where—

(a) costs are assessed in accordance with rule 45.9(2) or 45.10(2); and

(b) the court assesses the costs (excluding any VAT) as being an amount which is in a sum less than 20% greater than the amount of the fixed recoverable costs.

(2) The court shall make an order for the party who made the claim to be paid the lesser of—

(a) the fixed recoverable costs; and

(b) the assessed costs.]