Capped cost pilot unsuccessful

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Posted on: August 5th, 2020 by Catrin Watkins

A voluntary capped costs pilot was due to run for 2 years runs from 14 January 2019 in the Intellectual Property and Enterprise Court for cases valued up to £250,000 in London Manchester and Leeds. This was part of Sir Rupert Jackson’s 2017 report on extending fixed recoverable costs in civil cases outside personal injury.

The scheme was voluntary, Claimants could commence their claim in the Capped Costs List or agree to transfer into it. The principle was that statements of case etc. would be limited in length and include all disclosure on which the party intended to rely. There would be no further disclosure, witness evidence or expert evidence unless ordered at the CMC. Trials in such cases were expected to require no more than 2 days. The costs of these more limited proceedings would be capped at £80,000 in profit costs.

Interest in the pilot has however been exceedingly limited with only a single case put through it to date (Faiz v Burnley Borough Council [2020] EWHC 407 (Ch)). As a result, and as reported by Ligation Futures, the Pilot has seemingly been abandoned.

It remains to be seen what further measures will be taken in the future to limit civil litigation costs, although it is hard to see at the current time that this will be a priory.

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