Lord Justice Jackson has played down the possibility of placing clinical negligence cases over £25,000 in a fixed recoverable costs regime.
Speaking at the Association of Personal Injury Lawyers’ annual conference, Jackson said that would be considerable difficulties in placing high value medical negligence claims under a fixed regime.
The Law Society Gazette, which has reported Jackson’s apparent U-turn, pointed out that Jackson had previously supported a threshold of £250,000 for fixed recoverable costs in clinical negligence.
Despite questioning the practicalities of fixed costs for higher-value clinical negligence claims, Jackson repeated his support for fixed costs, which were introduced in the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012. Jackson was instrumental in the creation of fixed recoverable costs in their current guise after his civil justice review.
“I recommended that when the first had bedded in we would need to look again at the question of introducing fixed recoverable costs in the lower regions of the multi-track,” said Jackson.
“These reforms have now been in place for just over four years. There were teething problems which have been dealt with, costs management is now working much better, so after four years the time has come to look again.”