Fixed costs

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Fixed costs—what are they?

Fixed recoverable costs are the set amount of legal costs that a successful party can recover from their opponent. In cases where fixed costs apply, the successful party is only able to recover the applicable costs (which are set out in the relevant tables under CPR PD 45), unless the court orders otherwise. As a result, where fixed recoverable costs apply, the unsuccessful party will be only be required to pay a fixed sum in respect of the successful party's costs.

Extension of fixed costs

The extended fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) to proceedings which are issued on or after 1 October 2023 and are valued at no more than £100,000. For personal injury cases, the extended fixed costs regime applies to cases where the cause of action accrued on or after 1 October 2023 and for disease cases the extended fixed costs regime applies where the letter of claim was sent on or after 1 October

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Latest PI & Clinical Negligence News

ACSO reports personal injury claims hit record lows following whiplash reforms

The Association of Consumer Support Organisations (ACSO) has reported that the government’s Compensation Recovery Unit recorded a further fall in personal injury claims in 2025, with total registrations reaching a record low, based on data obtained through a Freedom of Information request. A total of 413,323 claims were registered, a 12% decrease from 2024 and a fall of more than half compared with 2018. The decline was driven mainly by motor injury claims, which fell by 14% year on year to 282,428 and reached their lowest quarterly level on record in the final quarter of 2025. Claims in other categories, including employer and public liability, also remained well below previous highs. ACSO said the sustained reduction reflects increased barriers to bringing claims, particularly following the Ministry of Justice’s whiplash reforms, and stated that the figures undermine claims of a widespread compensation culture, as higher small claims limits and fixed costs regimes have reduced access to legal representation despite road traffic levels returning close to pre-pandemic norms.

BHP to pay £43m over Mariana Dam case as it seeks appeal

Law360, London: BHP will have to pay £43m of costs on account after it was found liable for the collapse of a Brazilian dam, a London court ruled on 19 January 2026 as it rejected BHP's request to appeal against the decision.

Missing records and an uncommunicated afterthought speak louder than claims of usual practice (Shaheen v Daish)

PI & Clinical Negligence analysis: The High Court determined preliminary issues regarding clinical negligence. The court held that the defendant GP failed to inform the deceased of a requested chest x-ray and that he would have attended for the x-ray had he been properly informed. Additionally, the court found the deceased was not contributorily negligent in failing to attend a follow-up appointment. Practitioners should note the critical importance of contemporaneous record-keeping; the absence of the x-ray request in the consultation notes was a pivotal factor in the court’s decision. The case reinforces that contributory negligence remains difficult to establish in clinical settings. It is unlikely to succeed unless a defendant demonstrates the patient fully understood the clinical significance of failing to follow advice or attend follow-up appointments. This is particularly relevant when investigations are ordered as an 'afterthought' after a patient has left, without full explanation to the patient. Written by Jennifer Dickinson, barrister at Cobden House Chambers.

PI & Clinical Negligence weekly highlights—22 January 2026

This week's edition of PI & Clinical Negligence weekly highlights includes key updates on Part 36 practice and the ‘self-contained code’ and we look at a recent Supreme Court decision on liability defences including the continuing reach of illegality. We bring you a recent Privy council decision on clinical negligence decision-making in high-stakes obstetric care. We also cover costs and funding issues including the implications of liability-only offers. We also feature our specialised Quantum Database and case submission Portal. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.

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