On the 15th September the Lord Chancellor, Lord Chief Justice, and the Senior President of Tribunals published a joint statement on their shared vision for the future of Her Majesty’s Courts & Tribunal Service.
The statement explains how the work will provide the public with a justice system that is just, proportionate and accessible. In practice, the aim is to deliver swift and certain justice.
The consultation deals with four distinct areas (criminal, civil, family and tribunals) but of particular note is the promise made to build on earlier reforms and look at extending fixed recoverable costs much more widely, so the costs of going to court will be clearer and more appropriate.
Their aim is that losing parties should not be hit with disproportionately high legal costs, and to enable them to make more informed decisions on whether to take or defend legal action.
The Government is keen to extend the fixed recoverable costs regime to as many civil cases as possible and the senior judiciary will be developing proposals on which consultations will be based.
So – will this help the insurance industry settle claims more quickly, efficiently, and cost effectively?
As with many of these types of announcements, on a first reading it looks positive. It is particularly encouraging to see solid Government commitment to an extension of the fixed recoverable costs regime following Jackson LJ’s speech and published costs grid in January this year.
However, the devil will be in the detail. We can reasonably expect pushback from the claimant lobby who will claim that these changes may or will compromise access to justice, particularly for vulnerable members of society.
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