New proportionality test
Solicitors, particularly in commercial litigation, will often inform their clients at the outset that it is unlikely there will be full cost recovery if successful and that recovery in the region of 70%-75% might be anticipated.
In April 2013 the new Jackson proportionality test will be applied to costs. Where a solicitor estimates that the likely costs to bring a matter to a successful conclusion will be £100,000 but the amount at stake is only £25,000 what advice should the solicitor give as to the level of costs recovery that can be expected?
Answers on a postcard.