Tracker—Fixed costs reforms

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Tracker—Fixed costs reforms
  • CPR provisions on fixed costs
  • Timeline of key events in fixed recoverable costs reform
  • Ministry of Justice consultation on reforming fixed recoverable costs
  • Responses to the MOJ consultation on reforming fixed recoverable costs
  • Law Society’s response
  • Capped costs pilot scheme operating in the Business & Property Courts
  • Lord Justice Jackson’s 2017 report on fixed recoverable costs (FRC)
  • Responses to the fixed recoverable costs review
  • Civil Procedure Rule Committee's position
  • More...

Tracker—Fixed costs reforms

Fixed recoverable costs (FRC) prescribe an amount that can be claimed back from a paying party in litigation and have been implemented in an effort to ensure that the costs of litigation are both transparent and proportionate. The aim is that prospective parties are not put-off litigating simply because of the potential costs consequences. FRC have become part of every day life for those operating in several areas of litigation, however, they do not apply across the board. This is an evolving area and the following tracker attempts to follow the key events in the reform of FRC and also provide detailed guidance on specific phases.

In addition to the consultation, the Civil Procedure (Amendment No 3) Rules 2019, SI 2019/1118, in force from 1 October 2019, changed the definition of an Aarhus Convention claim in CPR 45.41(2).

CPR provisions on fixed costs

Our CPR 45 provisions on fixed costs—checklist summarises the CPR provisions on fixed costs and provides a roadmap to relevant content.

Timeline of key events in fixed recoverable costs reform

DateEvent
13 January 2021The Capped Costs Pilot Scheme under CPR PD 51W came to an end. For guidance, see: Tracker—Fixed costs reforms — Capped costs pilot scheme operating in the Business & Property Courts below.
7 June 2019Law Society of England and Wales (Law Society) published its response to
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