07 September 2021
The Ministry of Justice (MoJ) has published the government’s response to the extending fixed recoverable costs (FRC) in civil cases consultation
Lexis®Library update: It is the government’s intention to extend FRC to all fast-track cases (up to £25,000 in damages) in the county court. This will be proportionate to the sum in issue and provide certainty as to the maximum amount of damages payable by an unsuccessful party. All cases will be allocated as soon as practicable to one of the four bands of complexity.
The government states it will also carry out the new process and separate grid of FRC for noise induced hearing loss, extend the fast track to incorporate cases with damages valued between £25,000-£100,000 ('intermediate' cases), and intends to introduce costs budgeting to all 'heavy' judicial reviews. The next step in implementing the FRC will be for the government to submit draft rules for consideration.
The government states it will also carry out the new process and separate grid of FRC for noise induced hearing loss, extend the fast track to incorporate cases with damages valued between £25,000-£100,000 ('intermediate' cases), and intends to introduce costs budgeting to all 'heavy' judicial reviews. The next step in implementing the FRC will be for the government to submit draft rules for consideration.
Responses to the consultation include:
• 42% were in favour of the general fast track proposals, this includes the majority of those representing defendants and law firms who believe the proposals would be an appropriate way to control litigation costs
• 52% against the proposals representing claimants argued that it should not be a ‘one size fits all’ model
• issues raised include inflation, counsel and specialist lawyer fees, complexity of cases and fraud cases
Source: Fixed recoverable costs consultation
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 6 September 2021 and is published with permission. Further information can be found at: https://www.lexisnexis.co.uk/
