Calls for electronic bills review grow

Despite Lord Justice Jackson’s recommendations in 2009 to expedite the process, many practitioners have hesitated to acknowledge the complexities introduced by the electronic format. Rowley noted that these electronic bills, formatted as Excel spreadsheets with 55 columns, could be daunting, describing them as "a wall of information and data that puts people off, which does not seem to be a good start."

He raised concerns about understanding for litigants in person, questioning whether the electronic bill provides a “full and fair exposition” of claims. Rowley suggested that after a decade of use, revisions are essential, stating, "I do not suggest that we go back to paper bills, but there were good bits about paper bills in terms of seeing the wood for the trees." He pointed out that while detail is important for challenges, a balanced approach is needed, proposing a blend of old and new methods.

Participants at the roundtable echoed Rowley’s sentiments. ACL vice-chair Victoria Morrison-Hughes highlighted the difficulty in grasping case flow from electronic bills, stating, “It is not that easy to understand the flow of a case from an electronic bill." She noted that while electronic formats allow in-depth analysis, the preparation time has increased, compromising a lawyer's ability to get a general overview that supports negotiations.

Leading costs silk Nick Bacon KC also contributed, arguing for rule changes regarding financial penalties for errors in solicitors’ agreements. He contended that while solicitors deserve scrutiny, they should still be compensated for successful cases, suggesting that judges should hold discretion in these matters.

ACL chair David Bailey-Vella concluded that Rowley’s assessment is accurate, saying, “The Senior Costs Judge is right in his assessment that the electronic bill needs an overhaul." He emphasised that while reverting to paper bills is impractical in today's digital landscape, adaptations could enhance clarity and usability. The ACL remains prepared to assist in the reform process as calls for change gain momentum