Civil litigation costs should be fixed at a reasonable rate for the legal work done, the Law Society said as the government launched a consultation on extending fixed recoverable costs.

The Law Society has urged the Ministry of Justice (MoJ) to take care when fixing civil litigation costs .

The MoJ is seeking views from all those with an interest in civil costs in England and Wales. 

The consultation closes at midnight on 6 June 2019.

Background

The government and senior judiciary announced their support for extending fixed recoverable costs in November 2016, and Sir Rupert Jackson was commissioned to develop proposals.

Sir Rupert’s report, which was published in July 2017, followed on from his major report of 2010 looking at civil costs more widely, which led to significant reforms to controlling costs, including ‘no win, no fee’ reforms in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Sir Rupert’s July 2017 supplementary report which focuses on the extension of fixed recoverable costs, completed his recommendations.

Proposals

The proposals, which are set out in the consultation paper, take forward Sir Rupert’s recommendations and include extending fixed recoverable costs to:

  • fast track cases
  • noise induced hearing loss cases
  • intermediate cases.