People injured through no fault of their own could well lose out on the compensation they deserve if plans to limit the amount of money recovered from legal costs is adopted, the Law Society cautioned after Lord Justice Jackson launched a consultation on his proposals.
Law Society president Robert Bourns said ‘Lord Justice Jackson is proposing to introduce changes to the costs regime which could result in a successful litigant only recovering a pre-determined fixed sum, instead of all of their reasonable legal costs’.
Responding to Lord Justice Jackson’s call for evidence for a review into fixed recoverable costs, Robert Bourns added ’We acknowledge that fixed costs for straightforward, low value claims can offer some assurance for both sides in litigation. They can provide prospective litigants with greater certainty as to their potential liabilities, making it less risky for them to litigate.
‘However, fixing costs for all claims up to £250,000 - a tenfold increase on the current limit - would risk making many cases economically unviable, undermining the principle of justice delivering fairness for all’.