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Wigg & Co - costs capping "Petursson and another -v- Hutchinson 3G UK Limited (2004) EWHC, then 2609 (TCC)." " A Costs cap should normally be prospective and not retrospective, but see "Smart -v- East Cheshire NHS Trust (2003) EWHC 2806 and Ledward (Tunbridge Wells County Court)." "The authorities suggest that the court expects and Order for capping costs be made at an early stage." "Both sides, have the right to a fair hearing. To impose a retrospective limit on costs would amount to a breach of the Defendant's right to a fair hearing. It would be a wholly exceptional case where it would be appropriate to order a cap retrospectively. Future costs could normally be managed by conventional case management and Detailed Assessment of costs after trial. The appropriate time to consider a costs cap is at the early stages of an action where the parties and the Court can together plan the steps needed to bring the matter to trial and can consider the costs implications of those steps and whether a cap is appropriate."
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