--(1) A party may apply to the court at a case management conference-
----(a) to determine the value to be placed on a case which has no monetary value; or
----(b) where the likely value is known, to direct that the prescribed costs be calculated on the basis of some higher or lower value.
--(2) The court may make an order under paragraph (1)(b) if it is satisfied that the costs as calculated in accordance with rule 67.5 are likely to be excessive or substantially inadequate taking into account the nature and circumstances of the particular case.
--(3) Where an application is made for costs to be prescribed at a higher level rules 67.8(4)(a) and 67.9 apply.
Notes
It was held in Denisha Mayers v. Andy Derrick Wilson and Colonial Fire and General Insurance Company Limited CV 2011-03655 that while the language of this rule is permissive insofar as it relates to when the application is to be made, the rule contemplates the application being made prior to a trial.
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