24 February, 2011
Filed Underfixed fees
One of Jackson LJ's proposals is for fixed costs for all stages of all fast-track matters. He concluded that this would produce savings in its own right as:
"Claimant solicitors will no longer have to maintain documentation required for costs assessment"
This is presumably on the basis that it will not be necessary to time record with fixed fees for fast-track matters.
However, won't solicitors still have to time record pre-allocation as they won't know which track a matter will be allocated to? The injuries may be more serious than first thought. Even if the claimant is happy to run the case on the fast-track, the defendant may raise issues, such as alleging fraud, that takes the case away from the fast-track. Even if allocated to the fast-track, the matter might be re-allocated at some future date.