FRC: The inside track
Don't miss out on our Question Time virtual panel event
This event has now finished.
Our virtual Question Time panel event, “FRC: The inside track” will help you get “under the skin” of the new regime with our experts taking a “deeper dive” into the new rules to help you prepare both practically and strategically, identifying all the key risks, opportunities and areas of uncertainty. You will have the chance to ask questions both before and during the event.
The new Fixed Recoverable Costs
The new Fixed Recoverable Costs (FRC) regime is coming into force on 1 October 2023. With a new “intermediate” track with four ‘complexity bands’ being introduced for cases valued at between £25,000 and £100,000 and the introduction of four work type-based bands for fast track claims with a value of up £25,000, claimants and defendants alike are going to have to change their approach to litigation to most money cases worth up to £100,000.
Which cases fall into the new regime and which are excluded?
The new regime covers personal injury claims where the cause of action arises or the accident occurs on or after 1 October 2023.
In disease claims, it applies where the letter of claim is sent on or after 1 October 2023. In non-injury claims, it will cover all cases where proceedings are issued on or after 1 October 2023. There are some limited exclusions and there are instances where the drafting may give rise to disputes and satellite litigation.
With the new work type-based bands in the fast track and the complexity bands in the all new intermediate track, there is a lot to get used to in the new regime – and with all the attendant levels of fixed costs themselves as well as numerous exceptions, caveats and uncertainties, the new FRC regime may not be quite as simple as it first appears...
For example, how will the new provisions on ‘vulnerability’ affect the levels of costs? What if the parties cannot agree on which complexity band a matter should be allocated to? How will the wide-ranging judicial powers over allocation be exercised? And just what is ‘unreasonable conduct’ – and what effect can that have on the parties’ costs entitlement?
Alongside new provisions on preliminary issues, pre-action and interim applications, ADR, multiple parties, counterclaims, new rules on Part 36 rewards, a judicial review of the new regime issued by the Association of Personal Injury Lawyers and likely opposition tactics, there is so much more to consider and debate.
You have to watch this!
Fixed Recoverable Costs - a first review and commentary
Watch our introductory webinar, “Fixed Recoverable Costs (FRC) - a first review and commentary” beforehand as it is essential viewing for anyone new to the subject.