COSTS CAPPING IN THE COURT OF APPEAL: DON'T BANK ON THE TIDE BEING IN YOUR FAVOUR

September 24, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Costs budgeting, Members Content

In Tidal Energy -v- Bank of Scotland Plc Arden L.J. considered, and rejected, an application for costs capping in relation to a forthcoming Court of Appeal hearing. The Court was keen to discourage satellite litigation in the Court of Appeal. Costs capping is not generally used when the costs can be...

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Tags: Appeal Court, Civil Procedure Rules, costs, Costs capping

2 Responses

Beth King · September 24, 2014 at 12:34:21 · →

If one party uses a silk, the other is likely to feel obliged to do the same. That would then make it difficult for them to argue on assessment that a silk was an unnecessary luxury. Applying a cap would avoid that problem at least
gexall · September 24, 2014 at 12:54:21 · →

But you have got the risk of the costs of a day in the Court of Appeal applying for the cap (which you probably won’t get. Could we go back to the days of seeking specific orders (after the hearing) for certificates for counse/leading counsel.