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19 December 2016 / Francis Kendall
Issue: 7728 / Categories: Features , Procedure & practice , Costs
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The beat goes on

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Francis Kendall discusses the potential transformation of the justice system through fixed recoverable costs

  • Fixed recoverable costs and the next steps in the modernisation of the justice system.

The drum beat in support of more fixed recoverable costs (FRCs) has been increasing in volume. Various senior judges have spoken out in favour in recent times, and so it was no surprise to see the Lord Chancellor, Liz Truss, agree with their ambition when they published their joint vision for the transformation of the justice system in September. The modernisation programme is not just about closing down physical courts and creating digital ones in their place.

It was, perhaps, more of a surprise that Lord Justice Jackson was then tasked by the Lord Chief Justice and Master of the Rolls with a review of FRCs. This was because he has, through his original report, become something of a divisive figure, but then the extension of FRCs can be seen as the next step in the journey he began. From that perspective, his appointment

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