FOIL favours fixed recoverable costs extension

September 23, 2016


The Forum of Insurance Lawyers (FOIL) hopes proposals for extending fixed recoverable costs can be formed and consulted upon as early as possible.

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 is keen to see momentum sustained.

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 member of the fixed costs working group, commenting on the ‘Transforming our Justice System’ consultation published on 15 September, 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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