The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived. It addresses provisions revoked on 1 April 2013 and is for historical purposes only.
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.
The general rule in respect of CCOs is now in r 44.18. In summary:
CCOs limit the level of costs a party can recover pursuant to a costs order subsequently made
PCOs limit the level of costs a losing party will have to pay
Note: this rule does not apply to PCOs (r 44.18(3))
On 6 April 2009, the CPR introduced new rules relating to costs capping orders. These are contained in r 44.18 - 44.20 and section 23A of the Costs Practice Direction. These codified the common law jurisdiction to cap costs.
The case law pre 2009 on CCO can be found in Leeds Teaching Hospital and Telegraph Group.
CCOs limit the amount of future costs (including disbursements) which a party
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