Average times in fast track cases

In 1998, around the time of the introduction of the Civil Procedure Rules, the Lord Chancellor's Department (now Ministry of Justice) commissioned research into the work that was expected to be done in average fast track cases with a view to possible fixed costs.

The report was called "Costing Fast Track Procedures Through Hypothetical Studies " and was produced by messrs Goriely, Butt and Sherr from the Institute of Advanced Legal Studies in June 1998.

Within the report cost profiles were provided for the time expected to be taken in a typical personal injury case.  While the information can be useful, it is important to remember that it did not include the cost of trial, procedural hearings or appeals.

It is important to remember that the studies were based on cases without a counterclaim where the defending insurer did not instruct solicitors prior to proceedings being issued. The studies also worked on the basis that there were minimal issues to be pursued in correspondence before proceedings were issued. The findings were not implemented at the time and should be taken somewhat with a dose of salts. However, the time estimates were as follows:

 Basic elementInvestigation elementIssue to allocationDisclosure to preparation for trialPreparation for trial
Claimants' costs per element 9 hrs 45 mins 5 hrs 35 mins 3 hrs 40 mins 4 hrs 10 mins 4 hrs
Claimants' cumulative costs * 15 hrs 20 mins 19 hrs 23 hrs 10 mins 27 hrs 10 mins
Defendants' costs per element * * 3 hrs 45 mins 4 hrs 10 mins 2 hrs 30 mins
Defendants' cumulative costs * * * 7 hrs 55 mins 10 hrs 25 mins