Ferri v McGill [2019] EWHC 952 (QB), Stewart J.



Judge: Stewart J.

Citation: [2019] EWHC 952 (QB)

Costs exceeding fixed recoverable costs – CPR 45.29J

Summary:

The Court considers the exceptional circumstances where, under CPR 45.29J, a court will consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs set out in the Rules. Read more.

Ferri v McGill [2019] EWHC 952 (QB), Stewart J.

Longer Text:

Under CPR Rule 45.29J, if the Court considers that there are exceptional circumstances making it appropriate to do so, it will consider a claim for an amount of costs (excluding disbursements) which is greater than the fixed recoverable costs set out in the Rules. On such an application, the Court noted that Section IIIA of Part 45 expressly provides that ex-protocol cases remain subject to the fixed costs regime, save where the Court allocates a case to the multi-track.  The Court referred to the decision of Coulson LJ in Hislop v Perde [2018] EWCA Civ 1726 where he had said: “It goes without saying that a test requiring ‘exceptional circumstances’ is already a high one”.

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