Judiciary announces review of Fixed Recoverable Costs

46414989 - legal law concept imageThe Judiciary has commissioned Lord Justice Jackson to undertake a review of fixed recoverable costs. The review will consider extending the present civil fixed recoverable costs regime to make the costs of going to court more certain. It will also consider the areas of litigation where fixed costs should apply.

Anyone wishing to submit written evidence to the review should do so by 16th January 2017.  Lord Justice Jackson intends to report to the Lord Chief Justice by 31 July 2017.

The review follows a commitment in the joint vision statement ‘Transforming our Courts and Tribunals’ that said: ‘We will look at options to extend fixed recoverable costs much more widely, so the costs of going to court will be clearer and more appropriate.’

The terms of reference for the review are:

  • propose extensions to the present regime, to make the costs of going to court more certain, transparent and proportionate for litigants
  • consider the types and areas of litigation where fixed costs should be extended, and the value of claims to which such a regime should apply
  • report to the Lord Chief Justice and the Master of the Rolls by the 31 July 2017

Consultation

Lord Justice Jackson will formally commence his review in  January 2017. However, he will be inviting written submissions on  this topic immediately. He is particularly interested in hearing  views on:

  • the level of claim at which fixed recoverable costs should stop
  • how to accommodate counsel’s fees and other disbursements within a fixed recoverable costs regime
  • the difference between claimant and defendant costs

Written evidence or submissions to assist the review should be  sent to fixed.costs@judiciary.gsi.gov.uk.

Government will undertake formal consultation on the proposed reforms, which will follow the review and consideration of its recommendations.

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