FIXED RECOVERABLE COSTS: A POWER TO ORDER GREATER AMOUNTS IN “EXCEPTIONAL CIRCUMSTANCES” AND THE STING IN THE TAIL

Continuing the examination of fixed recoverable costs.  CPR 45.9 gives the court power to order sums greater than FRC in "exceptional circumstances".  The applicant's difficulties are (i) there is no definition of exceptional circumstances (ii) there is a real sting in the tail.

 
CPR 45
Claim...