Jurisdiction(s):
United Kingdom

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

Business and Property Courts Capped Costs List pilot (CPR PD 51W, 2019–2021): scope, entry, procedure, disclosure, evidence and fixed recoverable costs (England and Wales) [Archived]

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Practice notes

ARCHIVED : This Practice Note has been archived and is not maintained. UPDATE : This Pilot scheme came to an end on 13 January 2021.

The pilot concluded on 13 January 2021; nonetheless, proceedings already within it on that date continue to be governed by the pilot’s procedure thereafter.

This Practice Note examines the Business and Property Courts—Capped costs List pilot (a form of fixed costs) set out in Practice Direction 51W (cpr PD 51W). CPR PD 51W introduces a bespoke, streamlined procedural framework designed to deliver a simplified court process, which supersedes any conflicting rules or Practice Directions where inconsistency arises (CPR PD 51W, para 1.3).

It explains:

Which claims fall within the Capped Costs List pilot
How a case is admitted to the Capped Costs List
When a case remains in the Capped Costs List
The procedural provisions operating under the pilot, including detailed requirements for evidence, disclosure, and applications...

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Web page updated on 21/05/2026

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