Back in 2009, the Jackson report recommended the ending of recoverable success fee uplifts and, in their place, that the claimant should recover ten percent more by way of general damages. Six years on, it is rather ‘old hat’ to point that these changes were implemented together, applying from 1 April 2013, by the LASPO Act 2012 and by the Court of Appeal’s second decision in Simmons v Castle in October 2012. Continue reading
Lord Justice Jackson yesterday evening delivered an important speech calling – again – for the introduction of a regime of fixed recoverable legal costs throughout fast track claims (ie up to a value of £25,000) and also in what is referred to as “the lower reaches of the multitrack”. He also offered a matrix of figures based on the value of the claim.
He recommended as much in his December 2010 Final Report (FR) and in September 2014 he addressed the Costs Law and Practice Conference saying that “Five years have now elapsed since the publication of the FR The recommendations for fixing costs in the Intellectual Property Enterprise Court and the fast track (except for non-personal injury cases) have all been implemented. The time has now come to take stock and to develop a scheme for fixed costs in the lower reaches of the multi-track.” Continue reading