Wednesday 21 November 2012

Fixed Fees on All Fast Track Cases

The proposals for fixed fees in all fast track PI cases have now been made public. The MOJ's proposals can be found here [MOJ PROPOSALS].

The proposals in respect of the amounts of fixed costs that will apply outside the portals are particularly harsh, although there will be an escape clause (see the reference to "+20%") which will probably be based on the current CPR 45.12 provision for exceeding predictive costs in RTA cases. The question is will the new rule require exceptional circumstances (as now), in which case forget it, or just circumstances that justify a departure (in which case, chaos will ensue and the whole scheme will collapse in a quivering heap of costs lawyers and irate District Judges).

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