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15 September 2023 / Liam Tolen
Issue: 8040 / Categories: Features , Procedure & practice
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Talking about a costs revolution

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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