Penny drops on costs

At last one can see the point of the Civil Justice Council.

Its costs forum last weekend heard practitioners from both sides of the litigation divide call for an end to the indemnity principle - and the council's chairman, the Master of the Rolls, was duly convinced.Lord Phillips of Worth Matravers pledged to do his best to see that this happened, as well as to begin work on how fixed costs on the fast-track could be introduced.

There was nothing like the same consensus for fixed costs, but it appears the best option to sort out a system which is crying out for an end to uncertainty.What was so heartening about the forum was that judges, lawyers and insurers of all hues were able to come together and put aside their sectional interests.

There was respect for the other side's position and a willingness to talk constructively about how compromise could be reached.

Would that such attitudes continue to prevail once they all return to their offices.But the forum is just the start of a long road, and there promises to be many a pothole ahead.

There was anecdotal evidence of some solicitors conniving with costs negotiators to put up their bills which the negotiator - who is paid on results - can then cut down to the level the solicitor wanted to start with.The existing system may not be working well - and practitioners may be increasingly desperate about what they can recover - but there is no excuse for behaviour like that.