almost always
be reserved to the conclusion of the trial (Part 63 rule 26(1)). The most usual exception arises when a party is found to have has behaved unreasonably. In such a case the court may make an order for costs at the conclusion of the hearing, to be paid shortly thereafter. These costs will be awarded in addition to the totality of the capped costs which the receiving party is entitled to at the end of the trial, see Part 45 rule 32.13.CPR 63.26(1) could have easily created an exception for summary judgment or strike out applications which finally determine one or more issues between the parties but it does not. I therefore reject Ms Wickenden’s submission that “There is no foundation for reserving the costs of the claim which has been summarily determined” and that “There is therefore no reason to divert from the usual position that the Court should summarily assess the costs of the matter disposed of after the hearing”. The clear words in CPR 63.26(1) are a very firm foundation and good reason for reserving costs in relation to issues which have been resolved following an application for summary judgment or strike out. Ms Wickenden’s submission would involve reading into 63.26(1) an exception for summary judgment or strike out applications resulting in one or more issues being determined. I decline to read “application” in 63.26(1) as subject to that qualification. It is clearly intended to apply to all applications. 14.The reason for the different general rule is that IPEC’s costs rules form part of an overall package of measures designed to make the court an effective forum in which to litigate lower-value, less complex intellectual property cases cost effectively and with predictable and proportionate levels of exposure and recovery. The tables of costs in section IV of PD45 which set out ‘caps’ for each stage of the determination of liability (Table A) and for an enquiry into damages (Table B) are a key part of this package. It is well established that even a wholly successful party who has spent more than the capped sum will not necessarily recover the maximum permitted for any particular stage – see