Section 46.27(5)

Subject to paragraph (6), an application to vary must— if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant; if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and be determined by the court at the earliest opportunity.

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