Lord Justice Jackson is to lead a review of fixed recoverable costs, due for completion by 31 July 2017.
Jackson LJ has been chosen to head the review because he recommended the application of fixed recoverable costs in his 2010 review of civil litigation procedures and costs. He will formally begin work in January but is inviting written submissions on the topic immediately.
His review will develop proposals for extending the present civil fixed recoverable costs regime in England and Wales, and consider the types and areas of litigation and value of claims to which fixed recoverable costs could apply.
Jackson LJ has previously called for fixed recoverable costs to be introduced for all civil cases valued at up to £250,000. He said the review was “integral to the overall package of reforms which I originally proposed.
He said: “Chapter 16 of my final report recommended that serious consideration should be given to extending fixed recoverable costs to the lower reaches of the multi-track after the other reforms had bedded in. Although the momentum is heavily for reform, the review will provide ample opportunity for comments and submissions on the form and scope that reform should take.”
Professor Dominic Regan, NLJ columnist and adviser to Lord Justice Jackson, said the appointment “comes as no surprise.
“Often overlooked is the fact that Sir Rupert must retire on 7 March 2018, so he will want to crack on. I believe that he will stick to his guns and maintain that fixed costs up to £250,000 is viable.”
The review builds on Ministry of Justice proposals to extend recoverable costs, outlined in the Ministry’s September consultation paper, Transforming our Justice System. In the paper, the Ministry stated: “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. Our aim is that losing parties should not be hit with disproportionately high legal costs, and people will be able to make more informed decisions on whether to take or defend legal action.”
Written submissions to assist the review should be sent to fixed.costs@judiciary.gsi.gov.uk by 16 January 2016.
