Litigation Letter
Costs to be abolished?
The Law Society’s
Gazette released details of a speech to be made by the Master of the Rolls saying that the judiciary was ‘sick to the back teeth
and beyond’ of the non-stop wrangling over costs and will propose abolishing the system altogether. ‘It’s all “I want, I want,
I want”. The time has come for the profession to grow up. We simply cannot be bothered with this any longer. I now find myself
dreaming about costs disputes. Lawyers should be free to strike whatever deal they can with clients, and there should be no
court control or loser-pays principle.’ He continued: ‘The justice system is there to dispense justice, not lawyers’ costs.
Let the market decide. It should be for trading standards officers to police excessive deals and haul unscrupulous solicitors
in front of the local magistrates if necessary. Perhaps we should bring back the stocks for the worst offenders.’