Lord Justice Jackson is considering introducing an “intermediary track” for low-cost but complex cases, he has said in a progress report on his review into fixed recoverable costs (FRC). Giving the keynote address at the Costs Conference this week, Jackson LJ restated his support for FRC for lower value cases but said he had “an open mind” about what types and levels of cases should fall within such a regime. He is also exploring the possibility of piloting a FRC regime for lower value business disputes involving individuals and SMEs.
Francis Kendall, vice-chairman of the Association of Costs Lawyers, said: “I hope the positive support for costs management that Jackson LJ acknowledges in his speech will temper the need for wholescale change by way of fixed costs.
“Nonetheless, if he is to press on with major reform, it is positive that he has already recognised that there is no way that a ‘one-size-fits-all’ fixed costs regime would be justifiable.”
Jackson LJ began his review in November and is due to report to the Lord Chief Justice and the Master of the Rolls by 31 July 2017. A consultation on his proposals will then take place.
