header-logo header-logo

29 October 2009 / Tony Walton
Issue: 7391 / Categories: Features , Costs
printer mail-detail

Revolutionary road

Tony Walton charts the milestones on the road to fixing fees

Ten short years ago, the Civil Procedure Rules introduced “proportionality” into the relationship between damages and costs. The hourly rate though, continued to rule largely unabated; the perversity that the longer the lawyer took to complete a claim, the more he got paid, remained.

But then the Fixed Recoverable Costs Scheme (“predictable costs”) followed. Something of a quiet revolution, it introduced fixed fees into motor claims settling up to £10,000 outside proceedings—the vast majority of such claims. It’s a revolution which has succeeded in deposing the hourly rate from the majority of those claims.

If all goes to plan, the next stage of the revolution begins next April. Assuming the Ministry of Justice’s (MoJ’s) recently published recommendations for costs in road traffic accidents (RTAs) are implemented, a new regime of much reduced staged fees will apply to the same category of claims-injuries worth up to £10,000 arising from RTAs settling before issue of proceedings.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll