C1F1PART 46COSTS –SPECIAL CASES
Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
F2VII SCALE COSTS FOR CLAIMS IN THE INTELLECTUAL PROPERTY ENTERPRISE COURT
Pt. 46 Section 7 inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(2)
Scope and interpretation46.20
1
Subject to paragraph (2), this Section applies to proceedings in the Intellectual Property Enterprise Court.
2
This Section does not apply where—
a
the court considers that a party has behaved in a manner which amounts to an abuse of the court’s process; or
b
the claim concerns the infringement or revocation of a patent or registered design or registered trade mark the validity of which has been certified by a court or by the Comptroller-General of Patents, Designs and Trade Marks in earlier proceedings.
3
The court will make a summary assessment of the costs of the party in whose favour any order for costs is made. Rules 44.2(8), 44.7(b) and Part 47 do not apply to this Section.
4
‘Scale costs’ means the costs set out in Table A and Table B of the Practice Direction supplementing this Part.
Amount of scale costs46.21
1
Subject to rule 46.22, the court will not order a party to pay total costs of more than—
a
£60,000 on the final determination of a claim in relation to liability; and
b
£30,000 on an inquiry as to damages or account of profits.
2
The amounts in paragraph (1) apply after the court has applied the provision on set off in accordance with rule 44.12(a).
3
The maximum amount of scale costs that the court will award for each stage of the claim is set out in Practice Direction 46.
4
The amount of the scale costs awarded by the court in accordance with paragraph (3) will depend on the nature and complexity of the claim.
5
Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 46 – Costs - Special Cases—
a
court fees;
b
costs relating to the enforcement of any court order; and
c
wasted costs.
6
Where appropriate, VAT may be recovered in addition to the amount of the scale costs and any reference in this Section to scale costs is a reference to those costs net of any such VAT.
Summary assessment of the costs of an application where a party has behaved unreasonably46.22
Costs awarded to a party under rule 63.26(2) are in addition to the total costs that may be awarded to that party under rule 46.21.
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)