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Love it.

Jackson introduces an ill thought out costs budgeting scheme which annoys all the judiciary about having to deal with costs budgets in every case for all costs up to trial even though (i) very few of the cases go to trial and (ii) if it does the issues have often changed from those budgeted for and (iii) so little time is spent on the budget the figures become is a stab in the dark at what would be reasonable anyway.

Instead of the previous system where most costs were agreed between the parties and about 1% went to assessment and required Court time (incidentally with the courts receiving non-refundable listing fees of up to £5,600 as opposed to nothing for costs budgeting) court time is being spent on all multi track cases.

Jackson then says all this new costs malarkey [cough....that i introduced] is taking a lot of time let's fix all costs to save the court time that is being wasted.

Fixed costs for every class of case no matter whether everything is disputed or a few minor issues of quantum is inevitably going to lead to injustice. A lot of insurers just deny cases to trial now in fixed costs cases as they know the other side don't want to get paid peanuts for all work involved and they are at no risk on costs.

I await for the fawning professor's inevitable article to say this is a "good idea" although who exactly it is a good idea for you will have to ask him not the parties or the lawyers or for justice in general. Utter rubbish being spouted by those who have never practised.






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