Claimant and defendant lawyers have accused each other of behaviour which inflates costs, in their responses to the government consultation on extending fixed recoverable costs.
Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.
A failure to pay a trial fee can result in qualified one-way costs shifting being disapplied on strike-out, a judge has ruled in a decision could have implications for the new personal injury small claims regime.
Lawyers have reacted with caution to government plans to implement Sir Rupert Jackson’s recommendations for fixed recoverable costs, especially given the evidence behind the figures.
The Ministry of Justice today laid out its intention to implement Sir Rupert Jackson’s blueprint for fixed recoverable costs across the fast-track and in most money cases worth up to £100,000.
Both claimant and defendant solicitors expressed themselves dissatisfied with the Ministry of Justice’s conclusion that the part 2 LASPO reforms have largely achieved their goals.
Part 2 of LASPO has “on balance” succeeded in the government’s aims of reducing the cost of litigation, the Ministry of Justice declared today – but DBA reform is on the agenda.
A pilot scheme introducing capped costs of £80,000 for cases worth up to £250,000 – as recommended by Sir Rupert Jackson last year – is set to be introduced next month.
The government is to abolish the recoverability of success fees in defamation cases – but retain it for after-the-event insurance premiums, it announced yesterday.
Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.