header-logo header-logo

If the cap fits

26 March 2009 / Chris Lethem
Issue: 7362 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Chris Lethem looks at the effect of new cost capping rules

In Willis v Nicolson [2007] EWCA Civ 199, [2007] All ER (D) 205 (Mar) the court declined to give guidance to practitioners as to the parameters and the practice of costs capping, preferring to refer the matter to the Civil Procedure Rules (CPR) Committee. That committee has accepted the challenge and now produced rules to govern costs capping (See r 9 et seq Civil Procedure (Amendment No.3) Rules 2008—applicable from 6 April 2009), introducing a new CPR 44.18–20).

Costs capping orders will only apply to “future costs”. By r 44.18(2) future costs are defined as costs incurred in respect of work done after the date of the costs capping order but excluding the amount of any additional liability. Two important elements come out of this definition. First there can be no attempt to reduce costs already incurred, in other words the order cannot be retrospective. Thus the new rule mirrors cases such

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll