Costs capping orders

Proposals allowing the Court of Appeal to make costs capping orders have been outlined in a Ministry of Justice (MoJ) consultation paper.

Willis v Nicolson [2007] All ER (D) 205 (Mar) considered whether it should provide guidance on costs capping. It found that it was for the Civil Procedure Rule Committee (CPRC) to decide whether, and with what urgency, it should take up any issues identified.

The CPRC found that the court did have jurisdiction but that it should approach the orders “conservatively” and should only be made in exceptional circumstances.

The committee has produced draft rules amending the Civil Procedure Rules 1998. The full consultation can be found on the MoJ web site. The deadline for responses is 24 October 2008.