I read with interest Lord Justice Dyson's comments that fixed costs should be extended across the fast-track, including post-issue (see [2006] Gazette, 23 November, 1).


While the extension of fixed fees to include the whole of the fast-track seems a sensible measure, the suggestion that fixed fees should apply post- issue is highly concerning. If there is no costs penalty for defendants, no pressure to settle early, and no worry about the eventual fee, how many matters will proceed to trial simply because there is nothing to lose? The introduction of fixed fees will see a significant number of cases being brought to trial that otherwise would have settled in negotiation. These will no doubt flood our already over-burdened courts service.



The message to defendants should be simple - act reasonably and costs will be low. Act unreasonably and obstructively, and costs will understandably be higher.



I hope that Lord Justice Dyson can take a step back from the Daily Mail view of litigation, especially personal injury, to see the effect this move would have on the system as a whole, but more importantly, on claimants (and indeed defendants) who deserve, and are entitled to access to justice, no matter what their income.



Lee Harris, Blake Lapthorn Linnell, Segensorth, Hampshire