Ferri v Gill [2019[ EWHC 952 (QB)

(Considered what the basket of cases was in a CPR 45.29J application, noted the test was a high bar)

 

Jackson v Barfoot Farms

(Whether agreement to pay costs on the standard basis excluded the award of fixed costs, and non-fixed costs were awarded as the case was exceptional per CPR 45.29J)

 

Crompton v Meadowcroft (Costs ) [2021] EW Misc 20 (24 Aug 21)

(CPR 45.29J Exceptional circumstances costs awarded in case with multiple experts, 13 reports, 11 sets of records, MRI scans, multiple surgeries caused, CBT & Physio needed, Ogden calculations, Smith & Manchester calculation)

 

Lloyd v 2 Sisters Poultry Ltd (Costs) [2019] EW Misc (29 Jan 19)

(Exceptional circumstances costs awarded under CPR 45.29J where C had permanent disability, complex loss of earnings claim/Billet calculation using Ogden tables, extensive specials, very long witness statements)

 

Baker v Flynn

(The lower court awarded exceptional circumstances costs under CPR 45.29J - the fact that liability was in dispute was a major consideration, there were also issues under the Equality Act, use of Ogden tables, pension loss and so forth - upheld on appeal for same reasons

NB only the first instance judgment is available

 

West v Olakanpo [2020] EWHC 3830 (QB)

(Exceptional circumstances costs awarded at first instance for fundamental dishonesty, overturned on appeal as evidence not tested in cross-examination)