FOIL favours fixed recoverable costs extension

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The Forum of Insurance Lawyers (FOIL) has said that proposals for extending fixed recoverable costs should be formed and consulted upon as early as possible.

It has made the call following the publication of the Government’s Transforming our Justice System consultation on 15 September.

Welcoming the Government’s announcement that it is to look at options for widening the scope of the fixed recoverable costs regime to as many civil cases as possible, FOIL has said that it is keen to see Ministers act quickly.

A long-term advocate of fixed costs, FOIL supports the Government’s aims for a clearer and more appropriate costs regime, to prevent losing parties being hit with disproportionately high legal costs.

In May FOIL set up a fixed costs working group to focus on the issue, calling then for Government to press ahead with the extension of fixed costs on the fast track and the lower reaches of the multi-track.

Duncan Rutter, President of FOIL and a member of the fixed costs working group, said: “In his speech on fixed costs in January, Lord Justice Jackson said that a fixed costs regime could be delivered within the course of this year, if the political will were there.

“It is encouraging to see that the Government, together with the Lord Chief Justice, is showing some determination to extend fixed recoverable costs, not only for clinical negligence and personal injury claims but across the civil justice system.

“With the work already undertaken on fixed costs by Lord Justice Jackson and the Department of Health it is to be hoped that proposals can be developed and consulted upon within a matter of months.”

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Marek Handzel

Marek Handzel is the editor of Claims Magazine. Marek welcomes articles, letters, or feedback from readers and can be reached by emailing marek.handzel@barkerbrooks.co.uk