The following IP Q&A Produced in partnership with Robert Cumming of Appleyard Lee provides comprehensive and up to date legal information covering:
Every case in the Intellectual Property Enterprise Court (IPEC) is different, including subject matter, complexity, and value. For that reason, it is always difficult to exactly predict the fees that a party will incur in the IPEC for each key stage. Nevertheless, some helpful guidance in estimating the fees payable can be found in the Part 45 of the Civil Procedure Rules 1998 (CPR).
Under the CPR PD 45, the IPEC is subject to strict caps on the costs which the winning party can recover for each key stage, as well as the total amount it can recover. According to CPR 44, ‘costs’ include fees (ie solicitor fees), charges, disbursements, expenses or remuneration, unless expressly stated otherwise. These costs caps can assist both claimant and defendant in determining their budgets for each stage of the proceedings, in the knowledge that if their costs exceed that amount, that it is unlikely to be recoverable from the other side. In an ideal scenario, their representatives will keep within the costs caps, although this is not always possible depending on the complexity of the case.
Section IV of the Practice Direction sets out the maximum amount of costs which the court will award for each stage of a claim, as well as the overall total amount of costs recoverable in the IPEC both up to determination of liability and
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