Paragraph 45.13 Failure to achieve costs greater than fixed recoverable costs
(1)
This rule applies where—
(a)
costs are assessed in accordance with rule 45.12(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.