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26 February 2016
Issue: 7688 / Categories: Legal News , Costs
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Jackson: reassurance over fixed costs

New information may reassure practitioners concerned about Sir Rupert’s Jackson’s controversial proposals for fixed costs up to £250,000. Writing in this week’s NLJ, Professor Dominic Regan says he has received information and representations from sources, including members of the judiciary, which “cast a different light upon common perceptions”. Jackson LJ’s proposals have caused a considerable stir, with silks, counsel, small practices, defendant lawyers and City firms agreed that the proposed reform would lead to injustice.

As Prof Regan wrote last week, barristers are concerned that solicitors will be reluctant to use counsel. Defendant lawyers feel claimants will have more incentive to “try it on”. Claimant lawyers fear they will have no alternative but to deduct a hefty percentage of costs from the damages.

However, Professor Regan writes this week: “Those who took fright at the proposed scale of fixed costs need to appreciate that the figures cited were by way of example and certainly are not set in stone.

A root cause of disquiet was a perception that these figures had already been signed off as a fait accompli. Not so. “The £250,000 ceiling, which caused jaws to drop, was floated by Jackson as long ago as 2009. Memories fade! I think a complication here is the description of that amount as being in the foothills of multi-track work. That is true for London commercial practices but the bulk of firms in England and Wales routinely handle claims which fall well short of £250,000. Their anxiety is that virtually all of their work would be captured by a very different funding model.” (see: Perception matters)

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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