header-logo header-logo

16 August 2017 / Dominic Regan
Issue: 7757 / Categories: Opinion , Costs , Jackson
printer mail-detail

Jackson: the final chapter

nlj_7757_regan

Dominic Regan reports on Lord Justice Jackson’s fixed costs finale

As suggested here 18 months ago, Lord Justice Jackson has come up with a fixed costs model that would broadly apply to cases worth up to £100,000. This is less than half of his opening £250,000 gambit (see ‘Review of Civil Litigation Costs: Supplemental Report—Fixed Recoverable Costs by Lord Justice Jackson’, 31 July 2017).

The superficial attraction of a single set scale of costs has sensibly been jettisoned. Instead, within the proposed new intermediate track there would be four levels of costs, ascending with complexity. Such a nuanced approach is again admirable although I can confidently predict interesting skirmishes over track allocation. ‘Balkanisation’ is more likely to match effort with reward. It is to his credit that Sir Rupert took on board criticism of the ‘one-size-fits-all’ mantra.

Another criticism which he has accepted is that some actions might be worth no more than £100,000 yet could be fiendishly complex. A case estimated

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll