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A well timed article highlighting a very real problem - which extends beyond personal injury cases. There is a very real danger of undermining access to justice.

In cases where the Jackson reforms apply and where the damages are likely to be £100K or less it is extremely difficult to commercially justify pursuing a claim. That cannot be right in any developed society. The uncertainty over the level of costs recovery in the event of success simply makes the problem even worse.

Clients' best interests are served by clarity when it comes to costs. That I suggest is best achieved by, for example:

1. Imposing an automatic costs recovery cap of say £60K, for each day of trial (so costs for an action leading to one day trial would be £60K, for a three day trial £180K). Costs above this figure only recoverable if the Court allows a higher figure upon prior application.

2. without the need for assessment:
a. 100% of costs to be recoverable post trial.
b. 80% if the case settles earlier than 45 days before trial
c. 60% if the case settles earlier than the first date ordered for exchange of lists of documents.
d. 40% once proceedings have been issued.
e. 20% if the claim settles pre-action.

Let's not forget that a Defendant can protect itself with an early part 36 offer (something which the courts sensibly encourage).

Apologies if this appears a blunt instrument but at least it would be a first step in stemming an unfortunate tide which if allowed to continue will restrict access to the law to the few.