Jackson v Barfoot Farms
DJ Jackson, Canterbury County Court, 29th November 2017
Here the Claimant argued that having agreed terms that the Defendant would pay the Claimant's costs on the standard basis, that fixed costs were excluded. However the judge found this did not, interestingly the same decision was reached in the SCCO in Davies v Greenway, although the court was not referred to the that. Secondly, the claimant was able to successfully argue that the case was so exceptional that non-fixed costs would apply, per CPR 45.29J.
For a copy of the judgment click here.
This case is unusual in that it is currently the only case I am aware of where non-fixed costs have been awarded under CPR 45.29J.