Report comment

My tentative view is that we should at least try the US system, it may be US, but it could well be better than the dreadful mess we have got ourselves into.

So each side pays its own costs and they are free to negotiate a contingency fee so they only have to pay a percentage of their winnings if they win. And they can all take out legal expenses insurance. Surely this is worth a try and would get us round the present costly costs assessment procedures. Could we not at least have a trial for, say, the cases started over the 12 months commencing 1/1/2016 so everyone has ample warning? There could, of course, be a fall back position in that either side, on showing good reason and in exceptional circumstances, could apply for an order that the present arrangement continues and a DJ could so order if he was so persuaded. Gone would be costs estimate hearings, gone preparation of complex and detailed bills, gone would be taxations, gone the complex costs rules. Magic!