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There will always be firms whose model is to cynically maximise billing whether it's per hour or fixed fees. So policy choice should put just outcomes first. For that reason I'd err on the side of caution and opt for per hour billing subject to talented ex-solicitors sitting as costs judges.

Jackson's position is somewhat jaundiced. Back in the days before the Bar were galled by less talented undergraduate colleagues earning mega bucks in banking, they provided the high street with their specific expertise for free during case preparation so that cases ran at a lower overall cost to the client. These days they expect to turn up for Trial having contributed nothing and wing it.