header-logo header-logo

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

If the cap fits

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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll