Section 45.35(2)

Subject to paragraph (3), where a judgment is given in favour of the claimant but— the court may order the defendant to pay no more than the fixed costs in rule 45.28 together with the disbursements allowed in accordance with Section IX of this Part. the court determines that the defendant did not proceed with the process set out in the relevant Protocol because the claimant provided insufficient information on the Claim Notification Form; the court considers that the claimant acted unreasonably— by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7; by valuing the claim at more than £25,000, so that the claimant did not need to comply with the relevant Protocol; or except for paragraph (2)(a), in any other way that caused the process in the relevant Protocol to be discontinued; or the claimant did not comply with the relevant Protocol at all despite the claim falling within the scope of the relevant Protocol,

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