The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 45 E+W FIXED COSTS

Textual Amendments

F1 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)

SECTION IV E+W Scale Costs For Claims In [F2 The Intellectual Property Enterprise Court]

Textual Amendments

F2 Words in Pt. 45 Section 4 heading substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 20(c)

Amount of scale costs E+W

45.31.— (1) Subject to rule 45.32, the court will not order a party to pay total costs of more than—

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

(b) £25,000 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 45.

(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.

[F3 (4A) Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 45 – Fixed Costs—

(a) court fees;

(b) costs relating to the enforcement of any court order; and

(c) wasted costs.]

(5) Where appropriate, [F4 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.]

Textual Amendments

F3 Rule 45.31(4A) inserted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 20(g)(i)

F4 Word in rule 45.31(5) substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 20(g)(ii)