Dominic Regan reports on the next steps for Sir Rupert Jackson’s fixed costs finale
At long last we have the Ministry of Justice (MoJ) consultation on fixed costs (‘Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson’s proposals’, March 2019). It has taken the department longer to respond than it took Sir Rupert Jackson to investigate and write his comprehensive report. There are two elements of reform. The plan is to fix costs in every fast track claim worth up to £25,000. More radical is the extension of fixed costs to most current multi-track claims between £25,000 and £100,000. An enormous volume of work would be captured.
Various benefits are claimed for the changes. Litigants would have certainty as to their liability if they lose and their recovery if they win—the continuing great uncertainty as to proportionality since 2013 falls away. A formula to determine recoverable costs in fast track is to be found at pages 16 and 17 of the consultation, and for the higher value cases at pages 33 and 34. Grids set
