Various reforms have sought to address costs, such as the introduction of costs management and the extension of fixed recoverable costs. Specific aspects of the litigation process have been targeted due to costs concerns, such as the disclosure pilot, shorter trial scheme and rules on trial witness statements in the Business and Property Courts.
However, these all start from the premise that litigation should be avoided, which has implications for the rule of law.
Russell-Cooke partner Mark Fletcher writes in Solicitors Journal that litigation is viable as an end in its own right, as long as it matches the resources available.
Litigation costs - getting more for less is available to read on the Solicitors Journal website via subscription.
Mark is a partner in the commercial litigation team. He advises on a broad range of disputes involving individuals, charities and businesses across a large number of business sectors, including construction, property development, IT, sports, events, hospitality, retail, medical and other legal professionals.