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Civil Litigation Section

Fixed costs: MoJ admits plans could hurt small law firms

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The Ministry of Justice (MoJ) has acknowledged that its proposals for fixed costs could hit smaller firms and increase the risk of professional negligence claims.

On 28 March, Justice secretary David Gauke confirmed proposals for fixed recoverable costs in civil cases valued up to £100,000, apart from clinical negligence and claims in the business and property courts.

The government’s impact assessment states that an extra 13,000 cases every year in the county court could be made subject to fixed recoverable costs. Fixed costs are, on average, likely to be lower in comparison to those lawyers currently recover, but the impact assessment states that such losses will be offset by cases being settled more quickly.

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Civil Litigation Section renewals

Benefits of Membership*

The Civil Litigation Section will provide you with support, advice, networking opportunities and enable the sharing of best practice with peers.

The current Section Engagement Programme has been created in consultation with the Section Committee and will focus on key issues including:

  • costs
  • budgeting and management
  • court fees
  • access to justice
  • alternative dispute resolution
  • profitability
  • clinical negligence
  • fixed costs
  • J codes
  • adjudication
  • service
  • jurisdiction
  • consumer protection
  • Rome II

These issues will be addressed through a range of activities including: seminars, workshops, webinars, conferences, e-newsletters, magazines amd Twitter.

*See Section terms and conditions

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