Fixed recoverable costs (FRC): introduction of extended scope now scheduled for April 2023

A key Ministry of Justice policy is to extend the scope of FRC in civil litigation to (i) all fast track civil claims and to (ii) claims valued at under £100,000. Work on implementation of this policy was delayed by the pandemic but now looks to be resuming, with the stated aim being to implement these changes from April 2023.

This new proposed date emerged today in consultation materials issue by the Civil Procedure Rule Committee on behalf of the MoJ. The two areas open to consultation concern:

  • dealing with vulnerability of parties & witnesses in claims subject to FRC, and
  • a technical clarification around QOCS (Qualified One-way Costs Shifting).

The two brief consultation documents and a covering explanatory note have been posted today on the ‘about us’ section of the CPRC site.

The consultations close on 20 June 2022 – please get in touch if you might like to discuss either of them or the overall progress towards the long-standing* goal of extending fixed recoverable costs in civil litigation in England & Wales.

[* This has been a serious part of the broad debate on costs policy since the first Jackson report was published at the end of 2009.]