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.
