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31 July 2017

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Bands on the run

Posted by: Bethanie Bailey

Solicitors relieved as Jackson rows back from one-size-fits-all costs

Whilst still hot off the press and requiring full digestion, Jackson LJ’s report published this morning does throw up one interesting feature at first glance.Found in Chapter 7, the concept of “bands” for the proposed intermediate track will likely provide Practitioners and the Case Managing Bench with plenty to ponder. Given the stark differences in FRC Table 7.1, it can be imagined that argument may well frequently arise as to the band “assignment” – see 3.11 and 3.12 (page 103) notwithstanding the proposed costs sanction of £300.00 for unsuccessful challenge. The CMC hearing, I’m afraid, will likely become routinely contested on this point. £300.00 will in many cases be worth the gamble.    

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