A guide to the UPC and the UP - Flipbook - Page 420
Table 20-7: Maximum Increase to Ceilings for Recoverable Costs
Ceiling for
recoverable costs
Uplifted Ceiling for
Maximum possible uplift recoverable costs
Up to and including
€250,000
Up to €38,000
50%
Up to and including
€500,000
Up to €56,000
€84,000
Up to and including
€1,000,000
Up to €112,000
€168,000
Up to and including
€2,000,000
Up to €200,000
Up to and including
€4,000,000
Up to €400,000
€500,000
Up to and including
€8,000,000
Up to €600,000
€750,000
Up to and including
€16,000,000
Up to €800,000
€1,000,000
Up to and including
€30,000,000
Up to €1,200,000
€1,500,000
Up to and including
€50,000,000
Up to €1,500,000
€1,875,000
More than €50,000,000
Up to €2,000,000
Value of the proceeding
25%
€5,000,000
€57,000
€250,000
€7,000,000
Partial Success
20-83 Where a party is partially successful, “the ceiling applicable in the case shall correspond to the
proportion of success of the party seeking cost recovery”. 159 This can be demonstrated as
follows, assuming that the value of the proceedings is €5.5 million:
159
160
–
Where a party spent €700,000 on representation costs but is 100 per cent successful, the
recoverable costs will be capped at a ceiling of €600,000; 160 but
–
Where a party spent €700,000 on representation costs but is only 60 per cent successful,
the recoverable costs cap is €360,000 (being 60 per cent of €600,000); and
–
Where a party spent €500,000 on representation costs but is only 50 per cent successful,
the recoverable costs are €250,000 i.e., they do not reach the cap of €300,000 (being 50 per
cent of €600,000).
art.1(4) Scale of Recoverable Costs.
See table 20-6, row 6.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 410
