FIXED COSTS: THE COURT MAY CONSIDER A HIGHER SUM IF A PARTY OR WITNESS IS “VULNERABLE”

The rules make provision allowing the court to award a higher sum for damages when a party, or witness is vulnerable.  However there are significant caveats. It must be the vulnerability that has required additional work to be undertaken and the amount claimed for that additional work must be at least 20% greater than the fixed recoverable costs.

 

CPR 45.10

 

45.10.—(1) The court may consider a claim for an amount of costs (excluding
disbursements) which is greater than the fixed recoverable costs referred to in Section VI,
Section VII or Section VIII of this Part where—
(a) a party or witness for the party is vulnerable;
(b) that vulnerability has required additional work to be undertaken; and
(c) by reason of that additional work alone, the claim is for an amount that is at least
20% greater than the amount of fixed recoverable costs.
(Rule 1.6 and Practice Direction 1A make provision for how the court is to give effect to
the overriding objective in relation to vulnerable parties or witnesses).
(2) If the criteria in paragraph (1) are met, the court may—
(a) summarily assess the costs; or
(b) make an order for the costs to be subject to detailed assessment.