The Association of Personal Injury Lawyers (APIL) is not given to grandiose gestures, so its decision to walk out of the mediation on extending fixed costs throughout the fast-track is significant.

The Civil Justice Council set up the talks at the behest of Lord Justice Jackson, who gave industry representatives just four months to come up with figures. Given the history of other attempts to reach similar agreements, the timetable looks wildly optimistic for such a controversial task, particularly as many claimant lawyers (including APIL) need convincing of the case for post-issue fixed costs at all.

APIL argues that, by talking about figures before process, Jackson is putting the cart before the horse. This may well be true, but equally that was the basis on which the judge initiated the mediation, so APIL’s timing seems odd.

And the association is clearly taking a risk – the talks continue, leaving others to put the claimant side. APIL could end up lumbered with figures over which it has had no influence.

This is not the only example of Jackson giving big ideas only a short time to be realised. The Birmingham costs management pilot that began in June will surely also need longer than a few months to produce a meaningful outcome. Jackson has likened his review of costs to a trial – but will he have the evidence required to reach some safe convictions?