0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

a year on: the Capped Costs Pilot Scheme

13 January 2020

What?

On 14 January 2019 a Capped Costs Pilot Scheme was introduced in the Leeds and Manchester Business and Property Courts, and has been set to run for two years.

The scheme was voluntary for High Court cases valued up to £250,000. In addition to capped costs at each stage of the litigation, there was an overall cap of £80,000 (excluding VAT, court fees, wasted costs, and costs of enforcement).

Why?

The pilot aimed to improve access to the Business and Property Courts by keeping legal costs proportionate. In addition, the scheme aimed to provide certainty as to a party’s exposure to legal costs. Theoretically, the pilot should enable parties to obtain a resolution to their dispute within a year.

Impact?

In the first nine months of the pilot, not a single case was volunteered to the scheme. However, in the first year of the Shorter Trials Pilot Scheme, only four cases were volunteered. Since the conclusion of that Pilot, the scheme has been widely adopted.

Given the potential of the Capped Costs Pilot Scheme to increase certainty as to legal costs, it would be worth clients considering the option in appropriate cases.

related opinions

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

View blog

A landlord’s promise, a tenant’s power

When it comes to leases, most people believe that landlords hold most of the power. However, in relation to long residential leases, the tables may well have recently turned in one respect at least following a recent Supreme Court decision.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up