Neuberger on costs

The introduction of fixed costs for small multi-track cases such as low-level building disputes could be a way to achieve proportionate costs, according to Lord Neuberger.

In an address to the Manchester Law Society and Northern Circuit Commercial Bar Association, Lord Neuberger, President of the Supreme Court, said costs management would take time to “bed down” but that, if it did not work, there would be no alternative but to go over to fixed costs.

“Particularly bearing in mind the government’s fundamental duty to enable access to justice and their swingeing cuts in civil legal aid, it is more than disappointing that after all this time, we still do not have fixed costs for all fast track cases. Indeed, I would hope that fixed costs might be extended to the smaller multi-track cases,” he said.

He also touched on the increase in specialist judges, and called for this development not to go “too far”.

“The law is already at risk of developing in silos, and a not-too-specialist judiciary has a great deal to offer in ensuring that there is cross-fertilisation between the silos,” he said.

Online dispute resolution (ODR), which the Civil Justice Council is currently producing a report into, could also provide a quick way of resolving small disputes and perhaps, eventually, substantial cases, he said.

Lord Neuberger also took aim at politicians who criticise judges, while delivering the FA Mann Lecture last week. Increased judicial openness has led to a “concomitant increase in the risk of inappropriate attacks on judges”, he said. “Judges cannot and should not be expected to defend their judgments” therefore attacks by ministers and MPs are “constitutionally inappropriate”.