Lord Justice Jackson tasked with undertaking review of fixed recoverable costs

Lord Justice Jackson, the architect of the 2010 reforms to civil litigation and procedures, has been asked to lead a review of fixed recoverable costs, with a view to the regime being extended.

The review has been commissioned by the Lord Chief Justice, Lord Thomas, and the Master of the Rolls, Sir Terence Etherton.

Lord Justice Jackson is to formally commence his review in January 2017, but will be inviting written submissions on this topic immediately.

The terms of reference for his review are as follows:

• To develop proposals for extending the present civil fixed recoverable costs regime in England and Wales so as to make the costs of going to court more certain, transparent and proportionate for litigants. 
• To consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply.
• To report to the Lord Chief Justice and the Master of the Rolls by 31 July 2017.

Lord Justice Jackson said: “I have set out my present views on the principles of fixed recoverable costs in the final report of my review and in recent lectures and publications.

“I have been commissioned to undertake this review because it is integral to the overall package of reforms which I originally proposed. Chapter 16 of my final report recommended that serious consideration should be given to extending fixed recoverable costs to the lower reaches of the multi-track after the other reforms had bedded in.

“Although the momentum is heavily for reform, the review will provide ample opportunity for comments and submissions on the form and scope that reform should take. I am inviting the views of practitioners, users of the civil courts and any other interested parties on these points. Seminars will be held in London and elsewhere to discuss the issues. There is a great deal to be done on the detail of the review, which will inform the Government as it prepares proposals for formal consultation in due course.”

Written evidence or submissions to assist the review should be sent by Monday 16 January 2017 to: This email address is being protected from spambots. You need JavaScript enabled to view it..

The judiciary said that if evidence is being submitted of actual recoverable costs, this should identify the type of case (e.g. clinical negligence, property, judicial review etc), and the source of evidence (e.g. detailed assessments under the post-April 2013 rules, approved budgets, agreed budgets etc).

“Material submitted should take account of the Civil Procedure Rules on proportionality, in particular the factors set out in rule 44.3 (5),” it added.

“Views are also sought on the level of claim at which fixed recoverable costs should stop and costs budgeting should apply instead.

“Other issues that the review will need to consider, and on which views are welcomed, are how to accommodate counsel’s fees, experts’ fees and other disbursements within a fixed recoverable costs regime. Another issue for consideration is the difference which frequently arises between claimant and defendant costs.”