Access to justice and the right to costs

By June 28, 2017Uncategorised

Judge rejects bid to move case out of IPEC because of claimant’s need for costs protection.

This is another example of the Court upholding the access to justice principle, in this case for an SME litigant; against a much larger, in this case Government backed, organisation’s potential right to recover legal costs.This decision will be of some comfort to SMEs who find themselves in the Intellectual Property Enterprise Court (IPEC), which jurisdiction operates a costs cap of £50K. More generally, this is another judicial decision giving practical effect to the equal footing principle of the overriding objective.        

Michael Fletcher

Author Michael Fletcher

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