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Rule 159 Departing from the general rule

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The court may depart from rules 156 to 158 if the circumstances so justify, and in deciding whether departure is justified the court will have regard to all the circumstances, including–

(a)

the conduct of the parties;

(b)

whether a party has succeeded on part of his case, even if he has not been wholly successful; and

(c)

the role of any public body involved in the proceedings.

(2)

The conduct of the parties includes–

(a)

conduct before, as well as during, the proceedings;

(b)

whether it was reasonable for a party to raise, pursue or contest a particular issue;

(c)

the manner in which a party has made or responded to an application or a particular issue; and

(d)

whether a party who has succeeded in his application or response to an application, in whole or in part, exaggerated any matter contained in his application or response.

(3)

Without prejudice to rules 156 to 158 and the foregoing provisions of this rule, the court may permit a party to recover their fixed costs in accordance with the relevant practice direction.