Costs lawyers are urging Lord Justice Briggs to recommend they play a bigger role in the county courts, while the Bar has warned an online court could reduce access to justice.
In its response to the interim report of Briggs LJ’s civil courts structure review, the Association of Costs Lawyers (ACL) called for more reliance on specialist costs judges in county courts and a role as part of the new breed of supervised case officers who will be supporting judges with routine or non-contentious work. They also warned that Money Claim Online and the small claims mediation service will need further development before they can be used as a benchmark for online dispute resolution.
The ACL said it supported Briggs LJ’s programme for reform “by and large” but identified areas of concern. Its response said: “It is a fact that most solicitors and barristers do not embrace costs as a specialism whilst in practice, therefore it follows that as deputy or district judges, they do not have the knowledge at their fingertips.
“Legal costs is a learned skill and needs to be recognised as such. Some set about the learning process with deliberation and are skilled and interested in what they do. Unfortunately, that cannot be said for a large number, who have no interest in dealing with the issue of costs and quite often allow their dislike of the topic to cloud their judgment when making decisions.
“Members have reported instances when assessment costs have been increased by the intransigence of the presiding judge.”
One of Briggs LJ’s key recommendations is an online court for civil cases worth up to £25,000. However, the ACL said the current online system, for example, Money Claim Online, was not straightforward even for those with a legal background. Therefore, it should not be used as a template.
ACL chairman Sue Nash says: “Costs are an integral element of the court process and in looking at the overall structure of the civil courts, Lord Justice Briggs has identified positive solutions that should improve the resolution of costs disputes. Putting the right people in the right roles is a feature of modern legal practice, and we believe that as case officers, costs lawyers could make a significant contribution to the justice system.”
The Bar Council also highlighted concerns in response to Briggs LJ’s interim report.
Chantal-Aimée Doerries QC, Chairman of the Bar Council says: “These proposals risk entrenching a system of two-tier justice.
“Individuals navigating a ‘lawyerless’ online court process could easily find themselves in litigation with big organisations who can afford to hire their own legal teams. Not being able to recover costs for advice or representation will mean leaving those who need it most to litigate without any legal assistance, which would put them at a significant disadvantage.
“These proposals would also mark a shift towards an inquisitorial system of justice, which has major implications for the judiciary, the risks and costs of which have not been assessed. Plans that involve the widespread dismantling of existing court structures would need rigorous testing and evaluation as well as careful piloting. Changes of this magnitude go to the heart of our system of justice and should also be subject to parliamentary oversight.”
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