Finding predictable costs

Abstract

Examines the operation of the predictable costs system, which works on the basis of fixed costs determined by looking at the damages recovered. Discusses the events leading up to the adoption of the scheme, including the Woolf reforms on the litigation process, the introduction of a pre-issue settlement system and the abolition of civil legal aid by the Access to Justice Act 1999. Considers the work undertaken to resolve the costs problem, such as consultation and research into the cost systems of Northern Ireland, Scotland and Germany. Outlines the scheme which was adopted, under CPR Part 45, and looks at the impact of predictable costs on the indemnity principle, transferred costs, proportionality and the control of cost