Section 45.13

Where, in a claim to which Section VI, Section VII or Section VIII of this Part applies, an order for costs is made in favour of a party whom the court considers has behaved unreasonably, the other party may apply for an order that those costs be reduced by an amount equivalent to 50% of the fixed recoverable costs which would otherwise be payable. Where, in a claim to which Section VI, Section VII or Section VIII of this Part applies, an order for costs is made against a party whom the court considers has behaved unreasonably, the other party may apply for an order that those costs be increased by an amount equivalent to 50% of the fixed recoverable costs which would otherwise be payable. In this rule— unreasonable behaviour is conduct for which there is no reasonable explanation; and “fixed recoverable costs which would otherwise be payable” does not include— VAT; any additional amounts under rules 36.17 or 36.24; or any disbursements.

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