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ARTICLE · 02 JANUARY 2018

Costs - W Portsmouth V Lowin

Court of Appeal rules that costs on the indemnity basis awarded under Part 36 are subject to the cap set out in CPR r47.15(5)

United KingdomLitigation, Mediation & Arbitration

Court of Appeal rules that costs on the indemnity basis awarded under Part 36 are subject to the cap set out in CPR r47.15(5)

If a detailed assessment is commenced in the High Court or the County Court after 1 April 2013 and total costs claimed by the receiving party are £75,000 or less, there will be a provisional assessment. A provisional assessment is intended to be speedy and is done on paper. CPR r47.15(5) provides that "In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500 together with any VAT thereon and any court fees paid by that party".

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