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14 January 2026
Issue: 8145 / Categories: Legal News , Costs , Personal injury , Housing , Legal aid focus
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Flaws found in fixed costs regime

The extension of fixed recoverable costs (FRC) from low-value personal injury to most civil cases worth up to £100,000 ‘is failing to deliver what it promised’, the Law Society has warned

FRCs were extended to most fast- and intermediate-track cases in 2023, implementing the recommendations of Lord Justice Jackson’s civil litigation costs review. The Ministry of Justice and the Civil Procedure Rules Committee have been taking stock of how well the extension is working, with a view to consulting in detail on the reforms later this year.

Responding this week, the Law Society said two years was too soon to know the full impact of the extension. However, it highlighted some areas of concern.

Brett Dixon, Law Society vice president, said: ‘The FRC regime is appearing to unfairly penalise the successful party, who could now be responsible for paying the difference between lawyers’ reasonable costs and the amount of FRCs, rather than this cost falling on the unsuccessful party. This disparity should be looked at as a priority.

‘We are also concerned that the FRC regime has the potential to negatively impact vulnerable parties. It is important that the regime properly protects the most vulnerable in our legal system and ensures everyone can access justice.’

Dixon urged ministers to continue to exclude housing legal aid cases from the FRC regime, and to do so on a permanent basis ‘given our concerns about how the regime is operating and the catastrophic impact FRCs could have on housing legal aid providers’.

While the Jackson review recommended FRCs for housing disrepair and possession claims, the government decided to exempt these cases until 2028. The reasons are the ongoing Renters’ Rights Act reforms, leasehold and freehold reforms and Awaab’s Law, which enhance protection for tenants.

Law Society research conducted with Frontier Economics and published last May, found all housing legal aid provision was loss-making, with fee earners recovering only half their costs. The research noted median providers in the sample were losing £33,000 for each full-time fee earner providing housing legal aid. The work was compensated at hourly rates of £46 to £72.

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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