Sophie Houghton rounds up some key points for practitioners to consider ahead of the extension of fixed recoverable costs
- The extension of fixed recoverable costs, applying to cases issued on or after 1 October 2023, is aimed at making the costs regime fairer and more transparent.
- There are a number of issues practitioners should consider ahead of the changes, including the potential for costs shortfalls, the possibility of satellite litigation and the impact on Part 36 offers.
The extension of fixed recoverable costs (FRC) will apply to most civil cases valued up to £100,000 that are issued on or after 1 October 2023. For personal injury cases, the new FRC regime will apply where the cause of action accrues on or after 1 October 2023, and for disease claims it will apply where the letter of claim has not been sent to the defendant before 1 October 2023.
The extension of FRC is aimed at making the costs regime fairer and more transparent. It is also targeted at making the litigation process more efficient and ensuring certainty and predictability
