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CA
Fixed recoverable costs: Sacrificing justice for predictability?
['Legal Futures']
Legal Futures
But as we highlighted in our recent consultation response to the Civil Procedure Rule Committee’s FRC interim implementation stocktake, personal injury costs are actually still unpredictable due to the imprecise definitions of the complexity banding and disproportionately low for the majority of personal injury cases.
For thousands of injured claimants, the current system risks turning access to justice into an unaffordable luxury.
Thompsons handles over 20,000 personal injury cases at any given time, with thousands now falling into the intermediate track.
Intermediate track band 1 fixed costs in a liability admitted case worth £60,000 are less than a straightforward quantum-only fast-track case that settles for nearly a quarter of the value (£17,500).
If fixed costs are to remain for cases above the fast-track limit, the rules must deliver predictable costs that do not undermine access to justice.