header-logo header-logo

15 September 2023 / Liam Tolen
Issue: 8040 / Categories: Features , Procedure & practice
printer mail-detail

Talking about a costs revolution

137522
Liam Tolen provides a guide for general counsel & in-house legal teams to the new fixed recoverable costs regime
  • The new fixed recoverable costs (FRC) regime will be applied from 1 October 2023.
  • General counsel need to decide whether it’s in the best interest of their firm to begin litigation now, or to wait until the new FRC regime comes into play.

The new fixed recoverable costs (FRC) regime is arguably the most significant reform to civil procedure in a generation. It does not tinker around the edges; it is wholesale reform.

Sir Rupert Jackson, the conceptual architect of FRC put it like this: ‘Controlling litigation costs (while ensuring proper remuneration for lawyers) is a vital part of promoting access to justice. If the costs are too high, people cannot afford lawyers. If the costs are too low, there will be no lawyers to do the work.’

From the perspective of a business grappling with decisions about whether or not to pursue a claim, it should be viewed through the lens of the added certainty it brings to cost recovery

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll