DJ Jackson, Canterbury County Court, 29th Nov 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 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.

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