Judicial review! An injunction! Kidnap Lord Justice Birss! Some desperate measures were mooted to preclude the implementation of Fixed Recoverable Costs on 1 October. The Ministry of Justice (MoJ) did not blink and the Intermediate Track is now open for business.
It is inevitable that 107 pages of measures will generate teething problems. Costs management, now an everyday occurrence, endured a grim childhood. Indeed, potential problems within the new measures triggered a further consultation back in July which was astonishing because it was looking at rules that were not even in force! I am certain that we will see tweaks by way of amendments in April 2024. The proposed changes and outcome of the consultation should be published next month. I believe that the concern of clinical negligence lawyers about such cases falling into the bottom rung of the Intermediate Track will be addressed. Nothing less than a full admission of breach of
