UK: IPEC provides a quick and simple option in litigation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK: IPEC provides a quick and simple option in litigation

The Intellectual Property Enterprise Court (IPEC) has an objective to provide quick and cost-effective IP litigation. It has proved to be popular.

A requirement for cheaper and quicker IP litigation was identified back in the 1980s. Small and medium-sized companies and individuals often found that traditional High Court litigation was expensive and time-consuming. Many were not prepared to enter litigation and take the risk of being liable for the other party's costs if they were to lose.

Small and medium businesses are the core users of IPEC. It has become recognised for high-quality decisions, and larger companies are now also attracted to using it for certain cases. Such cases have a limited number of issues and will not require extensive discovery or evidence. However, IPEC has become a victim of its own success and its diary has become fairly full.

One main advantage of using IPEC is the £50,000 ($70,000) limit on the costs which a winning party can claim from the losing party. This does not stop either party, but it does mean that one with a limited budget can afford to try, without fearing exorbitant costs if they lose.

There is a cap on damages as well; IPEC can only award damages of up to £500,000 ($698,000). However, a damages award may not be the main aim of a litigant. In many IP disputes a successful outcome is a full injunction which prevents a competitor from selling a competing product or process.

It is very important to prepare an IPEC case thoroughly from the outset. IPEC does not look kindly on speculative cases; all the issues and arguments must be presented at the start. Each party needs to focus on a few key points. For example, only a limited number of patent claims will be considered for infringement or validity. There simply is not the time to consider each claim in a lengthy patent.

Trial is often only a day or two at most, providing very limited time for cross-examination and disclosure. It pays to be extremely well-prepared and succinct in arguments. It can be an extremely useful forum for settling reasonably straightforward cases quickly.

Chapman

Helga Chapman

Chapman IP

Kings Park House, 22 Kings Park Road

Southampton SO15 2AT

United Kingdom

Tel: +44 (0) 23 8000 2022  

info@chapmanip.com  

www.chapmanip.com

more from across site and SHARED ros bottom lb

More from across our site

South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Gift this article