October 3, 2023

Fixed Recoverable Costs – All Change

The 1st October 2023 brought the biggest change to our civil justice system for over a decade.

When a claim is issued at Court, it is usually allocated to a track depending on the value of the claim;

Claims with a value less than £10,000 – Small claims track

Claims with a value £10,000.01 to £25,000 – Fast track

Claims with a value £100,000 plus – Multi track  

The amendments to the Civil Procedure Rules introduces a new Intermediate Track for cases valued between £25,000.01 and £100,000 and where the trial will not last longer than 3 days. The new FRC will mainly apply to the Fast Track and Intermediate Track, with some exceptions. Such as; Housing claims, mesothelioma or asbestos claims, claims against Police (not including Road Traffic Accidents) and Human Rights Act claims.

The Court will assign a complexity band to each case, which is based on the complexity of the case and not the value. The bands range from 1 to 4 within the Fast Track and Intermediate Track, ascending in order of complexity, with the higher bands providing higher fixed costs. The new rules provide tables outlining the fixed costs applicable depending on the complexity band and the stage of the legal proceedings.

Fixed fees for FastTrack cases - (see separate pdf attachment for the full details).

The purpose of the rules is to provide greater access to justice, by predictability and proportionality of costs. However, the FRC provides what costs are recoverable from the other party in the proceedings and does not dictate the fees chargeable by solicitors.The actual legal costs incurred may often be higher than the fixed costs that are recoverable.

There is likely to be a period of uncertainty, while the legal industry gets used to the impact of the new rules and ultimately how they will work in practice.

At Norrie Waite and Slater we are mindful of the potential costs implications to our client and are committed to notifying our clients of any changes that will affect their cases.

If you require any assistance with any civil or personal injury matters, please contact us on 0114 276 6166.