# The Civil Procedure Rules 1998, Rule 45.11: Failure to achieve costs greater than fixed recoverable costs


(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.

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Source: https://www.legislation.gov.uk/uksi/1998/3132/rule/45.11 (the official version)
Page: https://openlegislation.uk/civil-procedure-rules-1998/rule-45.11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.