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26 February 2016
Issue: 7688 / Categories: Legal News , Costs
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Jackson: reassurance over fixed costs

New information may reassure practitioners concerned about Sir Rupert’s Jackson’s controversial proposals for fixed costs up to £250,000. Writing in this week’s NLJ, Professor Dominic Regan says he has received information and representations from sources, including members of the judiciary, which “cast a different light upon common perceptions”. Jackson LJ’s proposals have caused a considerable stir, with silks, counsel, small practices, defendant lawyers and City firms agreed that the proposed reform would lead to injustice.

As Prof Regan wrote last week, barristers are concerned that solicitors will be reluctant to use counsel. Defendant lawyers feel claimants will have more incentive to “try it on”. Claimant lawyers fear they will have no alternative but to deduct a hefty percentage of costs from the damages.

However, Professor Regan writes this week: “Those who took fright at the proposed scale of fixed costs need to appreciate that the figures cited were by way of example and certainly are not set in stone.

A root cause of disquiet was a perception that these figures had already been signed off as a fait accompli. Not so. “The £250,000 ceiling, which caused jaws to drop, was floated by Jackson as long ago as 2009. Memories fade! I think a complication here is the description of that amount as being in the foothills of multi-track work. That is true for London commercial practices but the bulk of firms in England and Wales routinely handle claims which fall well short of £250,000. Their anxiety is that virtually all of their work would be captured by a very different funding model.” (see: Perception matters)

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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