JACKSON LJ TO REVIEW FIXED RECOVERABLE COSTS
On 11 November 2016 the Judicial Office announced that Lord Justice Jackson has been commissioned to undertake a review of Fixed Recoverable Costs, such review to be completed by 31 July 2017.
The review has been commissioned by the Lord Chief Justice and the Master of the Rolls and the review’s recommendations will be followed by a Government Public Consultation on proposed reforms to extend Fixed Recoverable Costs to further areas of civil litigation.
The terms of reference for the review are:-
- To develop proposals for extending the present civil fixed recoverable costs regime in England and Wales so as to make the costs of going to court more certain, transparent and proportionate for litigants.
- To consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply.
Lord Justice Jackson has invited written evidence or submissions to assist the review to be sent to him by Monday 23 January 2017 at email@example.com.
This has been agreed with the Government.
Lord Justice Jackson said:-
“I have set out my present views on the principles of fixed recoverable costs in the final report of my review and in recent lectures and publications.
“I have been commissioned to undertake this review because it is integral to the overall package of reforms which I originally proposed. Chapter 16 of my final report recommended that serious consideration should be given to extending fixed recoverable costs to the lower reaches of the multi-track after the other reforms had bedded in.
“Although the momentum is heavily for reform, the review will provide ample opportunity for comments and submissions on the form and scope that reform should take. I am inviting the views of practitioners, users of the civil courts and any other interested parties on these points. Seminars will be held in London and elsewhere to discuss the issues. There is a great deal to be done on the detail of the review, which will inform the Government as it prepares proposals for formal consultation in due course.”
Evidence submitted should take into account the concept of proportionality as set out in the Civil Procedure Rules, and in particular the factors set out in CPR 44.3(5).
Views are also sought on the level of claim which Fixed Recoverable Costs should stop and costs budgetting should apply instead.
Views are also sought on whether claimant’s costs and defendant’s costs should be different.
Suggestions are also invited as to how to accommodate counsel’s fees, expert’s fees and other disbursements within a Fixed Recoverable Costs Regime.
For Lord Justice Jackson’s recent lectures on Fixed Recoverable Costs see Fixed Costs – The Time Has Come and The future for civil litigation and the fixed costs regime.
I fully support the extention of Fixed Recoverable Costs and back Lord Justice Jackson 100% on this one.
Lord Justice Jackson: be bold. Extend Fixed Recoverable Costs to every civil case of every kind without financial limit.
Please see my related blog:-