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The two members were opposed to any consultation which contemplated change by
way of legislation, arguing that professional autonomy has to be respected and
preserved.
The Working Party noted the difficulties experienced in England and Wales in
attempting to define and operate a system of benchmark costs. The concern expressed
by some members that the concept of "benchmark costs" might encourage anti-
competitive behaviour persists. The Working Party accordingly considers that a less
ambitious course, involving the regular collection, tabulation and publication of
available reliable information as to fees and costs, derived from sources such as
awards made on taxation, should be adopted with a view to developing costs
indications for general guidance.
The Working Party does not recommend adoption of the proposal that the parties
should be obliged to make mutual disclosure of costs incurred and estimated future
costs given strong opposition from many consultees, primarily on the ground that this
would impair legal professional privilege.
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