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Chasing the holy grail

Lord Justice Jackson has scaled back his fixed costs proposals, but this is far from the end of the story, writes John van der Luit-Drummond

4 August 2017

Lord Justice Jackson returned this week to complete the unfinished business of reforming civil litigation costs and, in so doing, recognised that his feared one-size-fits-all approach was not viable. One could almost hear the collective sigh of relief from those present at Chancery Lane for the unveiling of his latest report.

There was much to digest in Sir Rupert’s long-awaited, 135-page (plus appendices) review of the costs regime, but several proposals leap out. They include a grid of fixed recoverable costs for all fast-track cases up to £25,000 in four different bands of complexity of work, with figures to be reviewed every three years.

He sensibly suggests an “intermediate track” with “streamlined procedures” for cases which are of “modest complexity” and up to a value of £100,000. The streamlining would include pro...

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