On 31 October 2024, the Ministry of Justice (MoJ) and (CPRC) in collaboration published the Interim Implementation Stocktake calling for evidence on the effectiveness of the extension of fixed recoverable ().
The FRC regime governs the costs that a winning party can recover at set stages of litigation between from pre-issue and trial, with reference to the case type and track. In October 2023, the FRC regime was extended to apply to most civil cases in the fast track and newly created intermediate track.
The Stocktake seeks general feedback on the implementation and impact of FRC in civil claims and sets out specific questions, including:
Do the case complexity bands enable the award of proportionate cost in the fast and intermediate tracks?
Are the FRC exemptions under 26.9(10) sufficiently clear to practitioners and claimants?
What proportion of clinical negligence claims do practitioners see allocated to the intermediate track? Which complexity bands are generally allocated to them? What level of costs are usually awarded in those claims?
Can practitioners provide any evidence or estimates of how often a party's or witness’ vulnerability necessitates additional work?
It is essential that legal advisers and other organisations take the opportunity to respond to the Stocktake call for evidence to ensure decision-makers in the MOJ and CPRC understand the practical impact of the FRC regime and how it is affecting parties to litigation.
Following the consultation exercise, which will close on 5 January 2026, the MoJ will undertake a full Post Implementation Review into the FRC regime (due to commence in 2026) and will consider the feedback provided to the Stocktake as part of this process.
Rebecca Taylor-Onion
Principal Associate