John Melville-Smith features in a Commercial Dispute Resolution article that examines the fixed recoverable costs regime for civil litigation in England and Wales, that took effect from 1st October, covering claims under GBP 100,000, and with a new intermediate track for claims above GBP 25,000.
In the article, John describes it as a positive development overall: “Historically costs were assessed after the event, when the losing party did not know what they would pay in advance or what the winning party would get if they won. So there was upfront uncertainty, with a process regarding costs that could be as convoluted a process to get to the result of a trial. Particularly at the end of litigation parties might be tired, but then they would have the costs to deal with. So the new measures give more certainty from the start.”
He continues by pointing out that courts will retain a degree of discretion over what is not technically a change in the law, but rather “a change of procedural rules under the law.”
You can read the full article online here.