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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll