The Dispute Resolution Committee for the Birmingham Law Society have today submitted their response to the Government's consultation on the implementation of Sir Rupert Jackson's proposal to introduce fixed recoverable costs to civil litigation. Fixed recoverable costs have long been a feature for personal injury cases, however the current proposals would extend the regime across the vast majority of civil cases of £25,000 or under. It is also intended to extend the implementation the scheme to claims of up to £100,000, along with cost budgeting for judicial reviews.
Commenting, Sophie Samani (Chair of the Dispute Resolution Committee, Henderson and Jones Limited), "The proposed changes are widespread and potentially damaging to access to justice and the right to a fair trial. Not only are we as a Committee critical about the extent of the proposals, as we are of the view that they are based on inadequate data, but are also concerned that it is intended to introduce the new framework without a trial or pilot in the first instance”
Read the full response here.