Editorial: Fixed Costs and Applications - Aidan Ellis, Temple Garden Chambers
19/06/15. One of the most restrictive parts of the fixed costs regime relates to interim applications. CPR 45.29H limits the costs usually allowable on an interim application to £250 where the fixed costs regime applies. The Court may only award more than fixed recoverable costs in “exceptional circumstances” (CPR 45.29J).
It is difficult to tell whether fixed costs will discourage the parties from making interim applications. On the one hand, limiting the recoverable costs to £250 means that at most hourly rates it would be uneconomical to draft an application, particularly if representation at a substantial application hearing is required. On the other hand, the costs risk associated with making speculative applications or indeed with optimistic resistance to strong applications is, absent exceptional circumstances, markedly reduced. The extreme position might therefore be that sensible applications are discouraged whilst more speculative applications are...
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