Section 3.19(6)

In considering whether to exercise its discretion under this rule, the court will consider all the circumstances of the case, including— whether there is a substantial imbalance between the financial position of the parties; whether the costs of determining the amount of the cap are likely to be proportionate to the overall costs of the litigation; the stage which the proceedings have reached; and the costs which have been incurred to date and the future costs.

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Source: legislation.gov.uk · retrieved 2026-08-15