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Fighting apathy: the data behind costs reforms

With the government intending to extend fixed recoverable costs further, it’s essential litigators engage with current and future reforms, urges Francis Kendall

8 May 2019

It was no doubt one of Sir Rupert Jackson’s great regrets about his report on the costs of civil litigation that not all of his recommendations were implemented, most significantly those on legal aid.

But when it comes to his supplemental report on extending fixed recoverable costs (FRC), he can have no such complaint. 

The Ministry of Justice announced in March that it is set to implement his plan for FRC across the fast-track and in most money cases worth up to £100,000, and to introduce costs management in judicial review cases where a party’s costs exceed £100,000.

The MoJ also confirmed that it was backing the Civil Justice Council’s proposals for FRC in noise induced hearing loss cases. 

The consultation issued at the same time showed that the government only rejected two of the former Court of Appeal judge’s recommendations: rather than introducing his new intermediate track for cases worth £25,000 to...

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