Business and Property Courts—Capped Costs List pilot scheme
Business and Property Courts—Capped Costs List pilot scheme

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Business and Property Courts—Capped Costs List pilot scheme
  • Relation between the Capped Costs List pilot scheme and the Business and Property Courts disclosure pilot scheme
  • How long will the Capped Costs List pilot scheme be in place?
  • Stated purpose of the Capped Costs List pilot scheme
  • Which claims will fall within the Capped Costs List pilot scheme?
  • How does a case come into the Capped Costs List?
  • Will a case stay within the Capped Costs List pilot scheme?
  • Pre-action considerations
  • Statements of case in the Capped Costs List
  • Procedural steps in the Capped Costs List
  • more

This Practice Note considers the Business and Property Courts—Capped Costs List pilot scheme (a form of fixed costs) which is set out in Practice Direction 51W (CPR PD 51W). The Pilot scheme runs between Monday 14 January 2019 and 13 January 2021. CPR PD 51W contains a bespoke, streamlined procedural code in order to give effect to the principle that there should be a streamlined court procedure, which takes precedence over any other rules or Practice Directions where a conflict arises (CPR PD 51W, para 1.3).

This Practice Note explains which claims will fall within the Capped Costs List pilot scheme, how a case comes into the Capped Costs List, when a case will stay within the Capped Costs List, and the procedural rules which apply under the pilot scheme, including detailed rules on evidence, disclosure and applications. The pilot scheme was introduction through the 102nd Update—Practice Direction Amendments, see News Analysis: 102nd practice direction update—Capped Costs List pilot scheme.

Relation between the Capped Costs List pilot scheme and the Business and Property Courts disclosure pilot scheme

All of the courts which are subject to the Capped Costs List pilot scheme are also subject to the Business and Property Courts disclosure pilot scheme. This will have implications when dealing with the following:

  1. where there is no agreement between the parties at