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How fixed fees are killing costs firms

Matthew Kain assesses the changes the costs industry has undergone and what this has meant for the profession as a whole

15 December 2015

The costs industry has always worked on the premise that as long as there is costs shifting, there will be a role for costs experts.

There is no doubt that the introduction of fixed fees has had a massive impact, not only on the costs industry but also on the other members of the legal profession practising within the areas of law where fixed fees apply.

In July 1996, in his 'Access
to Justice' final report to the Lord Chancellor, Lord Woolf recommended a system of
fixed recoverable costs in all cases allocated to the fast track. The reasons why this was not introduced were both complex and political.

When the Civil Procedure Rules came into being, the costs industry had to grapple with the introduction of summary assessments. At first it was envisaged that the courts would assess costs during each stage of the proceedings, which ...

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