Disease claims to become subject to fixed recoverable costs – summary and initial view

Earlier in the week the Ministry of Justice re-affirmed its intention to extend fixed recoverable costs (FRC) to all fast track civil clams claims and, albeit on a different basis, higher value claims below a proposed £100,000 threshold (so-called ‘intermediate value’ cases). Alongside costs budgeting in multitrack cases, a regime of fixed recoverable costs is seen bringing control and predictability to litigation expenses.

Extending FRCs in this way will mean that the majority of disease claims will be captured by FRCs for the first time. When fast track FRCs were introduced in 2013 for ‘portal’ claims, only EL disease (ELD) claims against a single defendant were caught. [It is worth recalling that the portal was conceived for straightforward single claimant vs single defendant claims and for that reason alone it is ill-suited to disease work.]

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