A Blot on the Landscape
This chapter assesses why the English civil costs regime has failed, and what needs to be done for it to recover. In 1995, Lord Woolf in his Interim Report stated that, ‘the expense of litigation is one of the most fundamental problems confronting the civil justice system’. The parallel development of conditional fees has sharpened the difficulty of ensuring a fair balance between parties to litigation and has encouraged ‘cost building’. While the new litigation landscape introduced by the CPR has been generally welcomed, costs remain a significant and continuing blot.
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