Following the commencement of the Civil Procedure Rules in 1998, costs have remained a concern to anyone conducting or contemplating litigation.

A thorough review of civil litigation costs is ongoing at the moment headed by Lord Justice Jackson. He released his Preliminary Report in June 2009. In that Report, the key questions and issues raised were in what circumstances the losing party should be required to pay the costs of the successful party, the issue of fixed costs, costs capping and costs management. He also asked how and in what circumstances should the amount of any costs payable by the losing party be reduced or restricted.

The full report is expected in December. It will be in the national Press at that time. We will file a further report on this and how it affects the conduct of litigation in a further edition.

If you require any further advice or assistance please contact Michael Callaghan or a member of the Litigation team at Wortley Byers on 01277 268362 or mcallaghan@wortleybyers.co.uk.

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