Jackson back track on court costs proposal
Lord Justice Jackson has backtracked on previous proposals recommending the introduction of a fixed costs regime. In a bid to make the claims process more accessible, early last year Lord Jackson had originally proposed that fixed costs apply to all claims.
Jackson LJ has recently recognised that a blanket transition to fixed costs would be unfeasible at this stage. Instead, he has suggested a new ‘intermediate track’ for monetary claims of up to £100,000 with recommendations to streamline the court process on lower value cases.
For business and property claims, further measures include a ‘capped costs’ regime (to be piloted in the first instance) in relation to claims up to the value of £250,000.
How this affects you
The proposals are currently under review and if the opt-in pilot is successful, the regime could be made available at the judge’s discretion for any suitable case in the business and property courts or the business and property lists of the county court.
Clearly, some form of fixed fee framework will require legal advisers to ensure their own processes are well structured and streamlined - the certainty this will provide can only be of benefit to claimants.
The pilot scheme will help ensure any final recommendations for a fixed fee matrix are calibrated carefully and fairly. We are watching progress and will keep you informed of any development.
Published: 1 Aug 2017