I recently appeared in a personal injury claim for an insured defendant when, as expected, judgment was given for the claimant. It was a fast-track case, and the day was spent considering the question of liability and then the question of damages in detail. At the end of the hearing, the question of costs was considered.

The claimant's schedule of costs was looked at and within ten minutes a rough-and-ready calculation was made of the costs to be paid. Having spent the day considering carefully liability and quantum, to deal with the costs in such a short time makes a mockery of the system. There is no way of checking whether the work is justified. One can only talk about issues of proportionality and point to obvious excessive claims. Otherwise, one is more or less forced to accept the figures as they stand.


The district judge dealt with the matter by taking off approximately 20% of the profit costs claimed and then adding back a similar figure for the success fee.


All in all, it was an unsatisfactory process from the client's point of view. To say that he was amazed at the way in which the costs were dealt with was a gross understatement.


It is inappropriate where the costs can easily amount to more than the claim itself to deal with them at the end of a long day and in such an abbreviated manner.


The value of this claim was approximately £15,000 and the costs were slightly more. If we are going to spend the whole day considering carefully the amount of the claim, then the loser should be given a sufficient time in which to consider carefully the amount of costs he has to pay.


Unless we have detailed assessment of costs for fast- track claims, any loser is going to be left with a sense of injustice.


John Whiting, John Whiting & Co, Launceston, Cornwall