Costs capping orders
Costs capping orders

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

  • Costs capping orders
  • Costs capping orders in judicial review cases
  • Costs capping orders v protective costs orders
  • The introduction of costs capping orders
  • What are costs capping orders and when will they be made?
  • Criteria and the court's discretion
  • When to make an application
  • How to apply for a costs capping order
  • Setting the cap for a costs capping order
  • Varying a costs capping order
  • more

Note that the Costs Capping List Pilot Scheme is running in the Business and Property Courts from 14 January 2018 for to years. For guidance, see Practice Note: Business and Property Courts—Capped Costs List pilot scheme.

Costs capping orders in judicial review cases

Sections 88 to 90 of the Criminal Justice and Courts Act 2015 provide a statutory regime for cost capping in judicial review proceedings, including providing for a dedicated cost capping order for judicial review. For more information, see Practice Note: Judicial review litigation—frequently asked questions and Practice Note: Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners.

See also News Analysis: CPR changes in August 2016—judicial review costs capping orders.

Costs capping orders v protective costs orders

Costs capping orders (CCOs) and protective costs orders (PCOs) both place limits on the amount of costs to be paid in proceedings. However, it is important to distinguish between them, as the source of the court’s power in respect of the two is entirely separate, and the function and purpose of the two types of orders are very different. In summary:

  1. CCOs limit the level of future costs a party can recover by a subsequent costs order (CPR 3.19(1))

  2. PCOs limit the level of costs a losing party will have to pay (CPR 44.18)