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Legal changes

MoJ Consults on extending the Fixed Recoverable Costs Regime

The consultation closes on 06 June 2019 and invites views on its proposals


Civil Justice reform has been relatively fast-paced in recent years and the agenda for change shows no signs of slowing. Today the Ministry of Justice (MoJ) has issued its consultation on proposals to extend the Fixed Recoverable Costs Regime (FCR) to bring most claims up to a value of £100,000 within its scope.

The consultation

Whilst the content of the consultation paper and the impact assessment deserves detailed consideration initial analysis suggests it is relatively clear that Government has viewed the FCR as a success and believes that the time is now right to consider a further extension.

The consultation closes on 06 June 2019 and invites views on its proposals to:

  • expand the FCR from fast track personal injury claims to other classes of claim with the introduction of a banding system:

    Band 1 covering RTA claims which do not involve personal injury;

    Band 2 for RTA claims involving personal injury which proceeds through a Pre-Action Protocol. It is proposed that package travel claims are included within 
    this band;

    Band 3 for RTA claims involving personal injury which are outside of the Pre-Action Protocol and will include ELA, PL, housing disrepair and tracked 
    possession claims;

    Band 4 for ELD  (excluding NIHL), complex tracked possession and housing disrepair claims, property disputes and professional negligence matters and  
    other claims at the top end of the fast track; and

    A separate band for NIHL claims.
  • the creation of an intermediate track between the traditional fast track and the multi-track to cover cases which fall in to the expanded FCR; and
  • the introduction of cost budgeting into judicial review matters.

The consultation also covers proposals for allowing an uplift on Part 36 offers in certain circumstances as well as dealing with costs in the event of unreasonable conduct within the litigation.

Can we help?

Whilst only ten questions in length, the consultation requires careful consideration of both the proposals and the potential impact associated with an extension to the FCR. We will be considering the issue further over the coming weeks.



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