Jackson reforms

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases

Paul Tennant

A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.

May 23rd, 2017

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns

surgeons

Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.

May 11th, 2017

High Court upholds decision to disapply QOCS in ‘mixed’ claim

handcuffs

The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to ‘mixed’ claims, and in what is said to be the first case of its type, where the personal injury element was found to be a relatively minor part of the wider claim.

May 9th, 2017

Jackson backs cost capping for Mercantile Court pilot

Jackson LJ

Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs. The pilot, for cases worth up to £250,000, would follow the model used in the Intellectual Property Enterprise Court.

April 13th, 2017

Burford unveils sharp increase in profits but warns over lack of ATE for big cases

Chris Bogart colour

Litigation funder Burford Capital has announced a 75% increase in net profits for 2016, taking the figure to $115m (£95m), while warning the government that the Jackson reforms had made it impossible to provide after-the-event (ATE) insurance for “large and complex” commercial cases.

March 14th, 2017

Jackson floats idea of ‘intermediate track’ for fixed-costs cases

Lord Justice Jackson

A new “intermediate track” involving lower-value multi-track cases and fixed recoverable costs (FRCs) could be piloted on a voluntary basis, Lord Justice Jackson revealed today. He also recorded that evidence submitted to his review of FRCs showed increased support for costs management.

March 7th, 2017

High Court: costs budget DOES trump detailed assessment

Mrs Justice Carr

An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal. Overturning the ruling in Merrix, Mrs Justice Carr said this would achieve the purpose of cutting down the number of detailed assessments.

February 24th, 2017

Whole of split bill, less additional liabilities, subject to proportionality test, rules regional costs judge

Judicial Roundtable

A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.

February 20th, 2017

Budget does not replace detailed assessment, says another regional costs judge

Pound coins 2

A second regional costs judge has ruled that an approved budget does not hinder a detailed assessment, but also called on the higher courts or the rule committee to give a definitive view. District Judge Hale in Nottingham explicitly agreed with the ruling of his Birmingham-based colleague, District Judge Lumb, in Merrix v Heart of England NHS Foundation Trust.

February 16th, 2017

Lawyers unite in opposition to massive extension of fixed costs

andrew tucker

Lawyers have united against the potential threat of a huge extension of fixed recoverable costs to all civil claims worth up to £250,000. The Bar Council warned that the move could starve young barristers of work, while the Association of Costs Lawyers argued that the existing system of costs budgeting was working.

February 15th, 2017

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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