*/
The judicial costs guru laid out plans to extend fixed recoverable costs (FRC) for some cases worth up to £250,000, but his proposals did not go far as he had previously indicated.
In a supplemental report to his initial 2010 version, Lord Justice Jackson suggested introducing FRC for all fast track cases and a new intermediate track for certain claims up to £100,000.
He recommended a voluntary pilot of a ‘capped costs’ regime for business and property cases up to £250,000, with streamlined procedures and capped recoverable costs up to £80,000, as well as measures to limit recoverable costs in judicial review cases.
For clinical negligence claims he proposed that the Department of Health and the Civil Justice Council set up a working party with claimant and defendant representatives to develop a bespoke process for handling clinical negligence claims up to £25,000, with a grid of FRC.
Putting forward his proposals, Jackson said: ‘I have sought to balance the many competing interests in terms of access to justice and proportionality of costs.’
He said he was ‘bound to accept’ that improvements in costs management had ‘eliminated any need to develop FRC on the scale canvassed’ in a lecture he gave in 2016, in which he mooted FRCs for all civil cases worth up to £250,000.
Nevertheless, he added: ‘The possibility remains of substantially extending FRC in the future, if the costs management process either fails to deliver effective control over costs or becomes unduly expensive.’
Commenting, Bar Chair Andrew Langdon QC said the review indicated that Jackson has ‘listened carefully to the views of the legal profession and accepted proposals from the Bar Council and others that multi track cases are so varied in character that they do not lend themselves to any rigid costs matrix, and that cost management is working better than had been supposed’.
He said the review ‘correctly, steers away from extending FRC up to £250,000’ and ‘encouragingly’ proposes a grid of recoverable fees that include ring-fencing fees for counsel or other specialist lawyers in more complex fast track cases and for intermediate track cases, including for trial advocacy.
The judicial costs guru laid out plans to extend fixed recoverable costs (FRC) for some cases worth up to £250,000, but his proposals did not go far as he had previously indicated.
In a supplemental report to his initial 2010 version, Lord Justice Jackson suggested introducing FRC for all fast track cases and a new intermediate track for certain claims up to £100,000.
He recommended a voluntary pilot of a ‘capped costs’ regime for business and property cases up to £250,000, with streamlined procedures and capped recoverable costs up to £80,000, as well as measures to limit recoverable costs in judicial review cases.
For clinical negligence claims he proposed that the Department of Health and the Civil Justice Council set up a working party with claimant and defendant representatives to develop a bespoke process for handling clinical negligence claims up to £25,000, with a grid of FRC.
Putting forward his proposals, Jackson said: ‘I have sought to balance the many competing interests in terms of access to justice and proportionality of costs.’
He said he was ‘bound to accept’ that improvements in costs management had ‘eliminated any need to develop FRC on the scale canvassed’ in a lecture he gave in 2016, in which he mooted FRCs for all civil cases worth up to £250,000.
Nevertheless, he added: ‘The possibility remains of substantially extending FRC in the future, if the costs management process either fails to deliver effective control over costs or becomes unduly expensive.’
Commenting, Bar Chair Andrew Langdon QC said the review indicated that Jackson has ‘listened carefully to the views of the legal profession and accepted proposals from the Bar Council and others that multi track cases are so varied in character that they do not lend themselves to any rigid costs matrix, and that cost management is working better than had been supposed’.
He said the review ‘correctly, steers away from extending FRC up to £250,000’ and ‘encouragingly’ proposes a grid of recoverable fees that include ring-fencing fees for counsel or other specialist lawyers in more complex fast track cases and for intermediate track cases, including for trial advocacy.
Barbara Mills KC, the new Chair of the Bar, outlines some key themes and priorities
A family lawyer has won a £500 donation for her preferred charity, an education centre for women from disadvantaged backgrounds, thanks to drug, alcohol and DNA testing laboratory AlphaBiolabs’ Giving Back campaign
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
Rachel Davenport breaks down everything you need to know about AlphaBiolabs’ industry-leading laboratory testing services for legal matters
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
Professor Dominic Regan and Seán Jones KC identify good value bottles across the price spectrum – from festive fizz to reliable reds
Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success
Mark Neale, Director General of the Bar Standards Board, offers an update on the Equality Rules consultation
