Technical Aspects of Implementation: Third lecture in the Implementation Programme

1.1 Today’s workshop. "The Civil Justice Council is today holding a workshop on four technical aspects of implementing the Civil Litigation Costs Review Final Report ("FR"), namely: proportionality, Part 36, qualified one-way costs shifting and the 25% cap.

1.2 This lecture. This lecture sets out my brief comments on issues raised in the workshop materials. I use the following abbreviations: "C" and "D" mean claimant and defendant. "J" means a costs judge or district judge or costs officer who is assessing a bill of costs. "QOCS" means qualified one-way costs shifting.

1.3 General point. No procedural code can achieve in every case the twin objectives of perfect justice and certainty of outcome. Despite all the arguments and attacks which have been directed at me over the last two years, I remain of the opinion that the FR proposals represent a balanced package and the best way forward, given the position from which we are starting. Any attempt to unpick that package distorts the balance and has knock-on consequences..."