[F1Failure to achieve costs greater than fixed recoverable costsE+W
45.14.—(1) This rule applies where—
(a)costs are assessed in accordance with rule 45.13(2); and
(b)the court assesses the costs (excluding any VAT) as being an amount which is less than 20% greater than the amount of the fixed recoverable costs.
(2) The court must order the defendant to pay to the claimant the lesser of—
(a)the fixed recoverable costs; and
(b)the assessed costs.]