Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

I would encourage everyone to actually read LJ Jackson's speech, which is available here: https://www.judiciary.gov.uk/wp-content/uploads/2016/01/fixedcostslecture-1.pdf

Perhaps I'm being cynical, but it seems to beg the question throughout, assuming without proving many of the conclusions it seeks to reach.

Take, for example, para 5.1:

"The first question is whether we should be fixing costs for all civil cases (like Germany and New Zealand) or just for the fast track and the lower reaches of the multi-track."

No, the first question is surely whether we should be fixing costs at all. It is definitely not to begin with the assumption that - either way - fast and 'low value' multi-track cases must be for fixed costs. In effect, his 'first question' is 'should we include really high value cases or not?'

It's a shambles. Such dreadful reasoning is an embarrassment to the legal profession.

Your details

Cancel