Key Point

SIIIA Exceptional Circumstances Costs under CPR 45.29J

Jackson v Barfoot Farms

DJ Jackson, Canterbury County Court, 29th November 2017

Here the Claimant argued that having agreed terms that the Defendant would pay the Claimant's costs on the standard basis, that fixed costs were excluded.

However, the judge found this did not, interestingly the same decision was reached in the SCCO in Davies v Greenway, although the court was not referred to the that.

Secondly, the claimant was able to successfully argue that the case was so exceptional that non-fixed costs would apply, per CPR 45.29J.

This case is unusual in that it is only one of two cases  (the other being Lloyd v 2 Sisters Poultry Ltd) I am aware of where non-fixed costs have been awarded under CPR 45.29J.  In both cases, the claimant suffered significant and permanent injuries.

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