Costs capping is likely to be extended beyond group litigation, but, Simon Brown asks, will it really help keep costs under control?
One of the principal objects of the Woolf reforms was the control of costsâ€, said Dyson LJ in Leigh v Michelin  1 WLR 846. On 26 April 2006, The Times published an article by District Judge Stephen Gerlis in which he publicly questioned whether this objective had been achieved.
In his article, the district judge described an â€˜inviduous inflationâ€™ of costs. Acknowledging that the problem may have come about because of the increasing overheads of solicitors and barristers, he implied that the cause of this might also lie at the door of the Woolf reforms. The solution, he suggested, might also lie within the rules themselves.
Cost-capping: the principles
A cost-capping order i...