Implementing widespread fixed recoverable costs in civil claims has moved a lot closer with the Ministry of Justice issuing a short consultation, running to 6 June 2019, at the end of March.
Our recent news article fleshes out the detail of the consultation and includes the costs tables and matrices we first produced in order to illustrate the costs regimes recommended by Jackson in 2017 and now adopted in full by the Ministry of Justice.
The language of the consultation definitely shows the Government’s intention to make the changes recommended by Lord Justice Jackson in his 2017 supplementary report, with the Secretary of State for Justice seeking, in the foreword to the consultation, views on “the practical implications of implementing his recommendations [and] on the details of how we propose to do that.” On that basis, and subject always to other priorities, it looks very much like when not if fixed recoverable costs will be extended throughout the fast track and to claims valued under £100,000.
There looks to be a fair chance that these changes could be introduced at the same time as the whiplash and small claims reform which the Ministry intends to put in place in April 2020. We’ll be updating our RED Blog between now and then as the reforms progress, so make sure to visit again in the coming months.
Written by Alistair Kinley, director of policy and government affairs at BLM