Fixed recoverable costs (FRC) in England & Wales set to be extended from October 2022

The recently-published minutes of the Civil Procedure Rule Committee’s November meeting confirm that the Ministry of Justice’s “intention is to implement the extension of FRC in October 2022 and the MoJ is keen to work in collaboration with the CPRC to ensure the smooth delivery of these reforms.”

The minutes also include some jargon to describe the aims of what the MoJ & CPRC will need to do here, that being to “define the scope and parameters of FRC (and the associated changes), while outlining the new procedures that will ensure cases are appropriately allocated and managed within the new FRC architecture.” What that probably means is that there is could be a wholesale re-write of the existing FRC rules – which must be the correct and necessary approach – and some possibly some changes to rules on disbursements and on QOCS in the new extended FRC regime.

Please refer back to our feature from early in September for a summary of what will be entailed in extending FRCs as planned by the Ministry.

Alistair Kinley, Director of Policy & Government Affairs

Guideline Hourly Rates: Civil Justice Council recommendations accepted

Yesterday afternoon the Master of the Rolls accepted the recommendations of the Civil Justice Council and agreed that revised hourly rates as suggested by the Civil Justice Council will be implemented from 1 October 2021:

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Technical costs points in injury claims back before the Court of Appeal

QOCS – Qualified One-way Costs Shifting – was a key element of the Jackson reforms of 2013. Seven years on, technical issues as to its scope continue to reach the Court of Appeal. Last week the court had a second look at Ho v Adelekun, this time considering the question of set off within the QOCS rules.

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