APIL warns of problems with extended fixed recoverable costs regime
The Association of Personal Injury Lawyers (APIL) has warned that the extended fixed recoverable costs (FRC) regime is creating uncertainty for injured people and claimant law firms. In a statement issued on 20 January 2026, APIL executive committee member John McQuater said obvious problems are emerging from the 2023 extension of the regime, including a lack of clarity around track allocation and assignment to complexity bands, particularly where cases settle before allocation. He said settlement figures are often not a reliable indicator of a claim’s true value, which can make it difficult for claimant lawyers to advise clients at the outset on how costs will be dealt with. APIL was responding to a Civil Procedure Rule Committee and Ministry of Justice stocktake of the reforms, which introduced a new intermediate track for claims valued between £25,000 and £100,000 and applied FRC to all fast-track cases. Mr McQuater said the rules should require parties to attempt to agree track allocation and, where appropriate, complexity banding at an early stage, and called for personal injury cases to be removed from complexity band 1 in the intermediate track.