In our April 2016 Dispute Resolution Bulletin, we reported that Lord Justice Jackson had delivered a speech calling for fixed recoverable costs for all claims up to £250,000. Lord Faulks, Civil Justice Secretary, has recently confirmed government support for this in a speech on 4 May 2016.
Lord Faulks clarified that since Jackson LJ’s January address the government has been considering different options, including the issue of how different types of civil litigation will be dealt with. The government has indicated that it will start with fixed costs in clinical negligence cases from 1 October 2016, but not until there has been a consultation. There is no timeframe for such a consultation, but it seems that the government is currently still pursuing fixed recoverable costs for parties, which will lead to improved certainty for litigants.
Catherine Penny