Intellectual Property Enterprise Court—costs capping in practice
Produced in partnership with Angela Fox of Maucher Jenkins

The following IP practice note produced in partnership with Angela Fox of Maucher Jenkins provides comprehensive and up to date legal information covering:

  • Intellectual Property Enterprise Court—costs capping in practice
  • Background
  • The costs caps and meaning of ‘costs’
  • Caps on overall costs
  • What the capped totals do not include
  • VAT
  • Provision as to set off
  • Stage costs
  • Current scale costs
  • Summary assessment
  • More...

Intellectual Property Enterprise Court—costs capping in practice

Background

The Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is intended to provide access to justice in IP matters for small and medium-sized enterprises (SMEs) that might not otherwise be able to assert or defend an IP claim. The IPEC is also intended to provide a forum in which lower-value IP disputes can be litigated at proportionate costs. Note: the Intellectual Property List includes three sub-lists: Intellectual Property, the Patents Court and the IPEC, and is part of the Business and Property Courts of the High Court that were introduced on 2 October 2017. For more information about the Business and Property Courts, see Practice Note: Business and Property Courts and for more information about the impact of the launch of the Business and Property Court on IP matters, see News Analysis: Framework of Business and Property Courts sets ‘solid groundwork for success’.

A key element of both is the cap on recoverable costs in multi-track claims, which forms the bulk of the IPEC’s case load. Parties to multi-track claims in the IPEC know that in a trial on liability, absent abuse of process, or unreasonable conduct, they will not be able to recover more than £50,000 in costs (including VAT) if they win, and that they will be liable for

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