Page 8 - PIC Magazine Winter Issue 14
P. 8

  The Capped
Costs List
Pilot Scheme
On 14 January this year, a voluntary two-year pilot of Capped Costs (‘CCP’) launched in the Business and Property Courts (‘BPC’). The CCP arose out of
Sir Rupert Jackson’s 2017 review of fixed recoverable costs. During the consultation phase of that review, he proposed a pilot of capped recoverable costs in commercial and chancery cases to test whether there was a genuine appetite for such a scheme amongst litigants and the wider legal profession, and to assess how effective such a scheme would be in practice. In March 2017, he appointed a working group to set the policy of the scheme and devise draft rules for consideration by the Rules Committee. The working group’s draft rules were approved by the Civil Procedure Rule Committee in May 2017, subject to minor amendments, and came into force in January as Practice Direction 51W.
Commercial, chancery and costs practitioners would be well-advised to familiarise themselves with the CCP. The CCP represents a very different way of conducting litigation, and it is likely that the scheme, or a version of it, will be the model for future costs reform in mid-value commercial and chancery litigation. To that end, in this article I attempt to explain the rationale underlying the CCP rules, to highlight some of the key procedural and costs- recovery provisions, and to anticipate some of the pitfalls that practitioners may encounter when litigating within the scheme.
                       Juliet Wells, Barrister at Temple Garden Chambers, provides guidance on the challenges and opportunities of the CCP Scheme.
Juliet Wells is a Barrister at Temple Garden Chambers.

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