Andrew Parker reviews the draft rules for extending fixed costs to cases valued up to £100,000
- The newly published fixed recoverable costs regime applies to all types of case up to £100,000 in value from 1 October 2023, apart from specific exclusions.
- To drive efficiencies, the new rules have introduced an intermediate track for claims with a value of between £25,000 and £100,000.
In April 2023, the Ministry of Justice and the Civil Procedure Rule Committee published the draft rules for extending fixed recoverable costs from 1 October 2023. Seen as the biggest change to civil justice for a decade, the rules implement the recommendations of Sir Rupert Jackson in his second review of civil litigation costs in 2017 (‘Review of Civil Litigation Costs: Supplemental Report, Fixed Recoverable Costs’, July 2017) and of the Civil Justice Council’s working party on costs in noise-induced hearing loss claims the same year. The draft rules have been published early, so that all those affected have
