The costs system should be abolished, leaving trading standards officers to monitor lawyers' fees, the Master of the Rolls is expected to say this week, the Gazette has learned.
In a blunt speech at the Law Society, Lord Phillips of Worth Matravers will say that the judiciary is 'sick to the back teeth and beyond' of the non-stop wrangling over costs and will propose abolishing the system all together.
'It's all "I want, I want, I want", 'he will say.
'The time has come for the profession to grow up.
We simply cannot be bothered with this any longer.
I now find myself dreaming about costs disputes.'
He will say that 'childish' lawyers on both sides should be free to strike whatever deal they can with clients, and that there should be no court control or loser-pays principle.
'The justice system is there to dispense justice, not lawyers' costs,' Lord Phillips is expected to say.
'Let the market decide.
It should be for trading standards officers to police excessive deals and haul unscrupulous solicitors in front of the local magistrates if necessary.
'Perhaps we should bring back the stocks for the worst offenders.'
His outburst comes as the Court of Appeal heard the latest challenge to the validity of a conditional fee agreement (CFA).
Spring v Howard is an appeal against the decision of a district judge to declare a CFA unenforceable because the claimant firm involved printed the CFA in a small point size that made it hard to read.
Insurers are predicting a rash of such cases if it upheld.
'We have font experts crawling all over CFAs,' one defendant lawyer revealed.
Lord Phillips will deliver the speech on the morning of 1 April.
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