In search of the perfect costs

Reports from CERN, the particle accelerator in Switzerland, suggest that the search for Higgs Bosun, the legendary and definitive particle, what all matter is made up of, has been successful. But what prospect of developing the perfect costs model being formed on which to base fixed costs for all fast track matters as envisaged by Lord Justice Jackson?

The difficulties faced are enourmous when considering the question and clearly the involvement of experienced Costs Lawyers is vital. Take a typical public liability case conducted by one firm, with one medical report settling shortly after commencement of proceedings with profit costs of typically £7,500 compared with another firm whose bill crossed our desks with profit costs of £20,000 for an identical case. The problem is how can data be analysed when one firm conducts matters efficiently whereas another conducts theirs to maximise their potential profit costs. One quick point is that we duly attended a detailed assessment and reduced those profit costs to approximately £7500 together with costs of assessment as we had accurately advised our client on appropriate Part 47.19 offers. 

Second example of difficulties is when should medical evidence be obtained? A large number of solicitors choose not to obtain a medical report until after liability has been admitted or until the last resort such as in the event that liability remains an issue and so proceedings are issued, medical evidence would have to be obtained for attaching to the Particulars of Claim. Defendants however retort that had medical evidence been disclosed at the outset, then they would have made a nuisance payment at the outset rather than argue over liability and incur vast costs. Who is right? As a Costs Lawyer who has had the benefit of seeing many different firms work and styles of conducting a case, I can see that there are merits in both sides arguments. Answers on the back of a post card to Lord Justice Jackson. Don't forget to copy me in.

All we can hope is that the Judiciary involves Costs Lawyers at all stages of the consultation and that our views and opinions and notes of caution are heeded.