Tuesday 27 August 2013

Reaching the Cap in the Intellectual Property Enterprise Court

A splendid Cap
For claims started after 1 October 2013 it is going to be a little easier to reach the £50 k and £25k caps on Practice Direction 45 have just got a bit richer and are in rounder numbers. You can find them in the Practice Direction Making Document
costs for trials and enquiries as to damages respectively. This is because the Tables which set out the maximum costs of each stage as set out in CPR
and below.  

Table A

Stage of a claim                        Maximum amount of costs
Particulars of claim                                                    £7,000
Defence and counterclaim                                         £7,000
Reply and defence to counterclaim                           £7,000
Reply to defence to counterclaim                              £3,500
Attendance at a case management conference           £3,000
Making or responding to an application                     £3,000
Providing or inspecting disclosure
or product/process description                                £6,000
Performing or inspecting experiments                       £3,000
Preparing witness statements                                   £6,000
Preparing experts' report                                         £8,000
Preparing for and attending trial and judgment         £16,000
Preparing for determination on the papers               £5,500

Table B
Stage of a claim                                                          Maximum amount of costs
Points of claim                                                              £3,000
Points of defence                                                          £3,000
Attendance at a case management conference                £3,000
Making or responding to an application                         £3,000
Providing or inspecting disclosure                                 £3,000
Preparing witness statements                                        £6,000
Preparing experts' report                                             £6,000
Preparing for and attending trial and judgment              £8,000
Preparing for determination on the papers                    £3,000


  1. Doesn't it highlight further unfairness to a successful Claimant that the total of the individual caps comes to £75,000 and yet the overall costs recoverable are capped at £50,000?

  2. The cap was always less than the sum of the parts. Not all parts apply to a particular case. The individual caps allow the assessment to be carried out quickly and reasonably fairly. You certainly dont waste the money they do in the High Court on costs assessments and preparing bills.