AC-2024-LON-001764 - [2025] EWHC 2355 (Admin)

Following helpful correspondence between the parties, the issues relating to a costs capping order were narrow. There was no dispute about the meaning of any of the familiar criteria and factors that govern the imposition and terms of such orders under sections 88 and 89 of the Act. It was not in dispute that the court should impose reciprocal costs caps. The only question for me to resolve was the level of the cap on each side.

The Claimants sought an order that their adverse costs liability should be capped at £40,900 with the Defendant’s liability capped at £107,700. The Defendant accepted that the level of caps was a matter for the court’s discretion but invited the court to impose parity. Ms Proops submitted that both sides’ costs liability should be capped at £107,700.