Lord Justice Jackson will set the ceiling for fixed recoverable costs ‘at a considerably lower level’ than first proposed, Dominic Regan, professor of law at City University, has predicted.
Jackson LJ proposed an extension of fixed costs to claims worth up to £250,000, in January 2016. However, he has since been conducting roadshows with interested parties around the countries as part of his consultation. He is due to submit his report by the end of July.
Writing in NLJ this week, Regan said: ‘A figure of or about £100,000 has been widely mentioned. Do appreciate that where fixed costs do not apply costs management will. The growing acceptance of budgeting has indeed persuaded Lord Justice Jackson to relent from his original proposal.’
Regan said another possibility is that the report could recommend the creation of a new litigation track for cases within the fixed costs regime, specifying standard directions to rein in costs on disclosure, witnesses and experts.
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