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13 September 2023
Issue: 8040 / Categories: Legal News , Costs , Procedure & practice , Judicial review
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Lawyers call for a pause on fixed costs

With less than two weeks to go before the extension of fixed recoverable costs (FRC), costs lawyers have urged a six-month delay on the basis the current plans are ‘piecemeal and unreasonable’.

The FRC extension to cases valued up to £100,000 is due to begin on 1 October. However, the Ministry of Justice (MoJ) is still consulting on aspects such as whether costs on assessment and certain clinical negligence cases should be included, with any resulting reforms being implemented in April 2024. The Association of Costs Lawyers (ACL) warned this six-month hiatus between the reforms going live and further reforms being added would result in a basket of cases where different rules applied.

The ACL also wants clinical negligence excluded from the new rules until the Department of Health and Social Care’s separate FRC scheme for cases worth up to £25,000 has been published.

ACL chair Jack Ridgway said: ‘Irrespective of our opposition to the FRC extension on principle, it is clear that the government’s piecemeal approach to reform is only going to cause more problems than it purports to solve.

‘It fails to give the legal market sufficient time to plan, prepare and adapt to what will be a significant upheaval. The MoJ needs to fix the Solicitors Act 1974 before tipping a new load of cases into the system.’

In August, the Association of Personal Injury Lawyers (Apil) formally launched judicial review proceedings against the inclusion of clinical negligence claims.

The Bar Council was due to meet with MoJ officials this week about its concerns, namely, it is not possible to recover the advocacy fee for preparation and advice if the case settles or is vacated shortly before trial. Moreover, the fixed advocacy fee has not kept pace with inflation.

Sam Townend KC, vice chair of the Bar Council, said: ‘There are aspects of the reforms that remain unreasonable and arguably irrational.

‘The costs regime should help, not hinder, settlement and getting the backlog down.’

Townend hinted at a potential legal challenge from the Bar Council, stating his hope the government could reflect ‘so we can avoid the need for judicial review’.

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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