Intellectual Property Enterprise Court (IPEC) costs cap increases announced by Civil Procedure Rule Committee

England and Wales

The Civil Procedure Rule Committee has confirmed that the IPEC costs caps will increase in October 2022.

The effect of the upcoming amendments to the Civil Procedure Rules is that the maximum total costs awarded to a successful party in an IPEC multi-track claim will be:

  • £60,000 on the final determination of a claim in relation to liability (currently £50,000); and

  • £30,000 on an inquiry as to damages or account of profits (currently £25,000).

The caps for each stage of a claim and each stage of an inquiry in Tables A and B in Practice Direction 45 Section IV will also be increased in light of the higher overall caps.

The stage caps have not been increased since 2013 and the overall caps have remained unchanged since they were fixed in 2010.

As an aside, the IPEC costs provisions will be moved from CPR 45 (fixed costs) to CPR 46 (costs – special cases), with the aim of better reflecting their nature.

Source: https://assets.publishing.service.gov.uk/government/uploads/system/
uploads/attachment_data/file/1089189/cprc-mins-10-june-2022.pdf

Article co-authored by Alex Parkin, Trainee Solicitor at CMS.