This piece does not deal with the costs figures; that is for another piece. As part of his Supplemental Report on Fixed Recoverable Costs, which will be considered by the Lord Chief Justice, Master of the Rolls and the government, Jackson LJ has proposed a new intermediate track.
CPR 36 is the most important rule in the book.
Today Jackson LJ’s Supplemental Report on Fixed Recoverable Costs was published and is available here. This will now be subject to consultation by the government, and so these are proposals at this stage. Whatever comes in is likely to be on 1 October 2018.
A voluntary two year capped costs pilot scheme for High Court cases valued between £100,000 and £250,000 is due to begin imminently in the London Mercantile Court and the Mercantile, Technology and Construction and Chancery Courts in Manchester and Leeds District Registries.
The Master of the Rolls, giving the Lord Slynn Memorial Lecture on 14 June 2017, had this to say about the effect of electronic filing and online courts:
It is accepted by solicitors and the Bar alike that, as fixed fees are introduced, solicitors become more reluctant to instruct counsel, on the basis that they feel that they are spending their own money, rather than incurring a disbursement, which is then recoverable from the other side in the event of success.
The general election has caused the Prisons and Courts Bill to be lost, as there was insufficient time for it to get through all of its Parliamentary stages before the dissolution of Parliament at midnight on 2 May.
Practitioners will be familiar with the basic concept of Part 36 and the consequences that flow from that rule.
The horizontal and vertical extension of fixed recoverable costs is being considered by Jackson LJ, whose report is due by 31 July 2017.