Lord Justice Briggs proposed that there should be ‘a very limited recovery of costs’  to encourage an early assessment of the merits of a case by a qualified lawyer, and possible support during the trial.

Briggs LJ added: ‘That will need more unbundling by lawyers… It could be backed by a CLAF (contingent legal aid fund) for providing financial assistance for lawyers who provide unbundled services rather than the full retainer.’

Meanwhile, Lord Justice Jackson said that he stands by his proposal made in January 2016 for an extension of fixed costs for claims worth up to £250,000. Indeed, research from the Federation of Small Businesses showed that most small businesses wanted fixed costs for claims up to £500,000.

Lord Justice Jackson commented: ‘There is often a gulf between what clients want, and what lawyers want or what lawyers think their clients want’.