Report comment

Utterly bonkers and it won't work. As a Defendant or Claimant you could litigate to trial safe in the knowledge of your maximum exposure to the other side's costs, subject presumably to Part 36 penalties. Clients, as said will have to pick-up the difference (Jackson says there will be 'winners and losers') but is this fair? The current system works well (or would do so) if the judges applied the rules and case management powers properly but that seems to be the issue: the judges simply don't want to be bothered. This proposal is so transparent in that regard it is laughable.