Draft costs-capping rules

Following the decision in Willis v Nicolson [2007] EWCA Civ 199, 26/LL p40, that it was for the Civil Procedure Rules Committee (CPRC) and not the judiciary to produce costs capping rules the CPRC has published draft amendments to CPR Part 44 and the Costs Practice Direction. Disappointingly, the drafts were accompanied by a statement that the proposals ‘are drawn from current case law’ and ‘do not propose new policy’ when the ‘current case law’ is in conflict and there appears to be no ‘present policy’. The guidelines adopted for drafting the new rules were: