Section 46.27(2)

The court may vary such an amount or remove such a limit only on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) and if satisfied that— to do so would not make the costs of the proceedings prohibitively expensive for the claimant; and in the case of a variation which would reduce a claimant’s maximum costs liability or increase that of a defendant, without the variation the costs of the proceedings would be prohibitively expensive for the claimant.

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