Report comment

The data used seems fundamentally flawed

e.g. one costs firm’s data on less than 100 holiday claims is referred to, using the level of profit costs claimed as a yardstick, instead of the correct measure that is the level of profit costs actually paid by agreement or assessment (in my experience of holiday claims costs this is usually 30%-50% less than the costs claimed)

Interesting that we get new fixed costs rules before the court of appeal have even ruled on the new proportionality test. No one has any idea how the new test will affect costs as no one knows what the new test is. Laughable that the BNM decision on proportionality was delayed from Jan 17 until after this report was published.

How has costs budgeting and proportionality affected costs? No one know but costs are being fixed anyway. the date referred to is disingenuous. Why not just be honest and say “we don’t have any reliable data and no idea how proportionality or costs budgeting are going to affect multi track claims because they haven’t been ruled upon yet, let alone bedded in but Daily Mail says we have compensation culture so we are going to fix costs no matter what”.