In September 2016 it was announced that the senior judiciary would be developing proposals regarding extending fixed recoverable costs, on which the MoJ would consult (see Legal update, Transforming our justice system: statement from senior judges and MoJ consultation).

On 11 November 2016, the Lord Chief Justice and the Master of the Rolls announced that they had commissioned Jackson LJ to undertake a review of fixed recoverable costs by 31 July 2017. This is a logical extension of his wider review of civil litigation procedures and costs (published in 2010), in which he first recommended the application of fixed recoverable costs. The government has agreed this and it will inform the public consultation on proposed reforms, which will follow the review after consideration of its recommendations.

Various assessors, including costs barristers, academics and judges, have been appointed to advise Jackson LJ during the review.

The review’s terms of reference are:

  • To develop proposals for extending the present civil fixed recoverable costs regime in England and Wales so as to make the costs of going to court more certain, transparent and proportionate for litigants.
  • To consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply.

Jackson LJ will formally commence his review in January 2017, but he invites views from practitioners, civil court users and any other interested parties immediately on matters such as: the amount of fixed costs; the level of claim at which fixed recoverable costs should stop and costs budgeting should apply instead; how to accommodate counsel’s fees, experts’ fees and other disbursements; and differences between claimant and defendant costs. Any evidence of actual recoverable costs should identify the type of case and the source of the evidence.

Seminars will be held in London and elsewhere. Written submissions are to be sent to: by 16 January 2017.

Source: Judiciary: Senior Judiciary Announces Review of Fixed Recoverable Costs (11 November 2016).