In Family Provision Act matters, the court has power to cap or fix costs at the end of a hearing under CPA s 98, and UCPR r 42.4 does not limit that general power. Cost capping in such matters is not exceptional and may be appropriate where costs are disproportionate to the amount recovered, having regard to the size of the estate, the nature of the claim, the defendant's costs as a benchmark, and the overall justice of the case. Fixing costs at a gross sum (rather than merely capping them) is an available alternative that avoids the expense of assessment.
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