Costs mediation breakdown?

The Law Society Gazette has reported that APIL has “walked out” of the mediation negotiations organised by the Civil Justice Council to try and reach agreement over the fixed fees for all fast track cases. John McQuater, President of APIL is quoted as saying

‘We are simply not prepared to play poker with the civil justice system. We have said from the outset that predictable costs need a predictable system but the CJC, acting on instructions from Lord Justice Jackson, has insisted it won’t discuss anything other than figures.

‘Issues with costs can be resolved by addressing the behavioural issues which drive up costs in these cases in the first place. This non-negotiable attempt at a quick fix is not the answer.’

What do you think? Should there be fixed costs for all Fast Track claims? Why have the fixed costs for RTA claims not been increased since they were introduced? Will an annual increase be built in to any new scheme?

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