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20 May 2014 / Professor Dominic Regan
Categories: Opinion , Jackson
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The future of costs

Attempting to quantify the worth of lawyers poses a dilemma, say Dominic Regan

Costs reform is far from over. One might think that after the welter of changes last year litigators would be left to recuperate. Not so. 

The next body blow is likely in the imminent review of guideline hourly rates. Given the ravenous appetite to cut costs in every quarter how likely is it that any increase in rates will be suggested? On the contrary, my sense is that cuts are coming. 

In a fix

Lord Justice Jackson has recently expressed both orally and in print his fervent wish for fixed costs to be imposed upon all fast-track litigation. To date, we only have this in injury cases which occurred recently. There are vast swathes of cases worth up to £25,000 where costs remain at large. The Jackson motivation is two-fold. Fixed costs, one can safely presume, would be pitched at less than the current going rate. Also, giddy doubts about what costs are proportionate under the new April 2013 test

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