IPEC Cost Recovery Increases To £60,000

In the recently published post Waterfront Law – The IPEC Guide, we highlighted the "costs cap" as a feature of IPEC that is of real benefit to litigants.

This is because a party can be confident that, should it lose in IPEC on liability (i.e. usually the decision on whether there has been infringement), there is a maximum amount it will usually be ordered to pay towards the other side's legal costs. That amount is currently £50,000.

On 1 October 2022, the costs cap will increase to £60,000.¹

In IPEC, the overall costs cap is broken down by stages of the litigation. There is a limit on how much a winning party can recover in respect of the amount spent on specific stages of the litigation (e.g. drafting its Defence).