It is my experience as a practitioner for claimants in personal injury litigation that, regrettably, the predictable costs regime is simply not working (see [2006] Gazette, 9 March, 3). The whole purpose of the scheme was to ensure that damages were paid out quickly and likewise costs.

Unfortunately, although base costs can clearly be agreed as can the first tranche of costs, there are constant arguments on London weighting allowance, success fees and agency fees being recovered as disbursements. The insurers involved tend to outsource the files to the various costs negotiators, who are still regrettably in existence, and consequently there is delay and more aggravation.


The predictable costs scheme was meant to do away with these so-called costs negotiators and also to stop any more people jumping on the gravy train. I cannot see it working so long as insurers feel unable to deal with predictable costs themselves.


Larry Shaw, fellow of the Institute of Legal Executives, Rowley Ashworth, London