The Civil Procedure Rules 1998

[F1Claims for an amount of costs exceeding fixed recoverable costs – vulnerabilityE+W

45.10.—(1) The court may consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs referred to in Section VI, Section VII or Section VIII of this Part where—

(a)a party or witness for the party is vulnerable;

(b)that vulnerability has required additional work to be undertaken; and

(c)by reason of that additional work alone, the claim is for an amount that is at least 20% greater than the amount of fixed recoverable costs.

(Rule 1.6 and Practice Direction 1A make provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses).

(2) If the criteria in paragraph (1) are met, the court may—

(a)summarily assess the costs; or

(b)make an order for the costs to be subject to detailed assessment.]

Textual Amendments