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ARTICLE · 19 DECEMBER 2016

Do IPEC Costs Caps Always Apply Or Can They Be Exceeded?

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The Intellectual Property Enterprise Court (IPEC) has ruled that the IPEC costs cap can be exceeded where Part 36 of the Civil Procedure Rules (CPR) applies.

United KingdomIntellectual Property
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The Intellectual Property Enterprise Court (IPEC) has ruled that the IPEC costs cap can be exceeded where Part 36 of the Civil Procedure Rules (CPR) applies.

The ruling was made by HHJ Hacon in PPL v Raymond Hagan & Ors [2016] EWHC 3076 (IPEC) on 30 November 2016.

PPL is a music licensing company. PPL brought a claim against Mr Hagan for playing music at his bars without a licence. Judgment against Mr Hagan for copyright infringement was given and an injunction was awarded in 2014. Compensatory damages were awarded in respect of the licence fees that should have been paid (approximately £14,000) and a costs award was also made in PPL's favour (approximately £45,000).

Nevertheless, PPL pursued its claim for additional damages, interest on damages and interest on costs; it is these issues which were addressed in the court's 30 November 2016 decision.

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