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Rule 45.11 Failure to achieve costs greater than fixed recoverable costsF1

(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.

Annotations

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)

Notes on Part 45

Textual amendments

F2

Words in Pt. 45 Table of Contents inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(a)

F3

Words in Pt. 45 Table of Contents omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(b)

F4

Words in Pt. 45 Table of Contents inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(1)