header-logo header-logo

17 February 2017
Issue: 7734 / Categories: Case law , Judicial line , In Court
printer mail-detail

“I want more”

I contend that a claimant on a specified claim can ask the court for more than the fixed costs on the claim form. What procedure should be adopted to facilitate this where the claimant is in a position to enter a default judgment?

CPR 45.1 makes it clear that fixed costs are what are awarded “unless the court orders otherwise”. So there is a discretion, but the court might take some persuading “otherwise”. A departure from fixed costs could be justified where there is a contractual entitlement to a costs indemnity or reasonable costs or by the complexity and volume of work generated by the case. The claim form should state that assessed costs are sought where a figure for fixed costs is solicited and a Pt 23 application notice issued with the request for judgment. Team members have made or encountered orders being made in these circumstances for up to £20,000.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll