header-logo header-logo

Jackson fixed costs webinar—a mid-term review

06 April 2017
Issue: 7741 / Categories: Legal News , Procedure & practice , Costs , Jackson
printer mail-detail

Lord Justice Jackson is advocating a pilot of fixed recoverable costs in the mercantile court as part of his review of fixed recoverable costs in England and Wales.

Interviewed by Professor Dominic Regan for an exclusive NLJ webinar, Jackson LJ said he hoped to launch voluntary pilot schemes in cases of up to £250,000 in value in the mercantile courts in London and Manchester and in the other two specialist courts in Manchester.

“If the Rule Committee approves it the pilot will be modelled on the very successful system which operates in the Intellectual Property Enterprise Court. There will be a scale of costs for each stage of the case. The scale figure will be a cap rather than a fixed sum so that if that particular stage requires no or minimal work or less work than envisaged there's a lower sum. And then on top of the scale of costs for each element of the case there is an overall cap on recoverable costs.

“My proposal is that it is should be entirely voluntary. If claimants wish to issue in this fixed costs or capped costs list they can do so. If defendants object the case will come out. If defendants are content then, with the agreement of all parties, the litigation will proceed under this regime which will restrict recoverable costs and which will contain an expedited procedure in order to reduce the burden of work on the lawyers for each party.”

“The proposed pilot will be limited to cases up to £250,000 in value. If a case is above that, even if both parties want to go into the pilot they can't do so and I hope we will get, a sense of how much the market wants this and useful feedback about how the pilot rules are working."

Jackson LJ said his objective in undertaking the review was “to put forward a package of reforms which will promote access to justice and, so far as I properly can, control costs”.

He emphasised that he had four months left in which to clarify his thinking and prepare his report, which is due 31 July 2017.

The webinar, which includes: a review of how Jackson LJ has been conducting the review since January; the types and areas of litigation under review; incurred costs; and the impact of costs budgeting, can be downloaded here.

Issue: 7741 / Categories: Legal News , Procedure & practice , Costs , Jackson
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll