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The Bar Council responds to the proposal arguing for fixed costs in all insolvency cases up to £250k.

On 28th January 2016, Lord Justice Jackson gave a lecture to the Insolvency Practitioners Association making the case for fixed costs on all cases with a value of up to £250,000.

The Bar Council have stated that they await details of the proposal, but are concerned that the proposal may tilt the balance in favour of corporations who are content to spend in excess of the fixed costs cap. The Bar Council further queries whether or not the value of the matter is the most appropriate assessment of complexity, and observe that some lawyers may be discouraged from acting in low value but complex cases with the effect that some legitimate claims may not be pursued.

The text of the lecture can be found at https://www.judiciary.gov.uk/wp-content/uploads/2016/01/fixedcostslecture-1.pdf

The Bar Council’s press release is at http://www.barcouncil.org.uk/media-centre/news-and-press-releases/2016/february/fixed-costs-proposal-raises-questions-on-access-to-justice/

 

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