Will the increased jurisdiction of the DC and CC reduce costs?

johnnyskeleton

Insurance companies don't seem to think so - they're against the increase in PI cases.

Is there a logic to the idea that a district court case automatically costs less than a circuit court case? Will fees increase, decrease or stay the same on, say, a 10k contract dispute, and if they change, why?

Pro Hoc Vice

On debt collection, contract disputes for low money the fees will go down. Personal Injuries is a different matter, either fees will go up or cases will just still be taken in the Circuit Court. But we will have to wait and see.

Tom Young

The main issue is that there is no realignment of cost scales with the changes to jurisdiction. Often, the pittance lawyers get in the District can travel with work that is more complex that a High Court case (and might be as important to a client).

nuac

In personal injury cases fees for expert witnesses, especially doctors, ar a major factor.

High Court cases run at regional venues at sittings for a fortnight three or four times a year. Usually easier to book medical witnesses for those as they could make arrangements well ahead.

Circuit Court sittings are not so definite - e.g. a criminal list may over-run into a civil list, or a long equity action may scupper a civil list..

Idea needs some discussion between interested parties

Bepolite

Is the list system not something that need examining of itself?

Perhaps a system where each side books the amount of time they need to put the case across and pays for it. If they run over they need to book again at the next availability, if they run under and an urgent case can't 'get in on a cancellation' they pay for the time anyway. Once a decision has been reached in the case, costs could then be awarded in the usual manner.

camphor

johnnyskeleton wrote: »

Insurance companies don't seem to think so - they're against the increase in PI cases.

Is there a logic to the idea that a district court case automatically costs less than a circuit court case? Will fees increase, decrease or stay the same on, say, a 10k contract dispute, and if they change, why?

The insurance companies are concerned with award drift as opposed to costs. In many cases costs will fall but their fear is that the saving will be offset by an increased award. Their belief from previous changes to jurisdiction is that judges tend to subconsciously award more acrss the board. A case that might have secured an award of 20k i.e. in the middle of the Circuit Court jurisdiction will now start attracting an award of 30k i.e. in the middle range of the new jurisdiction. The insurance companies believe that the savings on costs in the cases which would have settled in the lowest range of the High Court will not be enough to counterbalance the effects of the higher awards.