Fixed Recoverable Costs, Vulnerability and Access to Justice

This article critically considers the decisions in Cham and Santiago as well as the vulnerability rules within the Jackson fixed recoverable costs regime, and the impact these developments have on the right of access to justice for vulnerable litigants. It is argued that the problems with the new rules on vulnerability is a rule of law issue and, therefore, must be reconsidered and amended to protect the right of access to justice for vulnerable litigants.