header-logo header-logo

22 September 2023 / Julian Caddick
Issue: 8041 / Categories: Features , Profession , Costs
printer mail-detail

Costs: On the wrong track?

138470
Julian Caddick points out some unintentional consequences of fixed recoverable costs in non-litigated cases
  • The fixed recoverable costs (FRC) regime must offer greater guidance on non-litigated cases.
  • Without guidance, we will see costs arguments about which track the claim would have been allocated to and which band is appropriate.
  • The issue of costs-only proceedings and assessments in FRC cases is likely to increase. The answer lies in a revised pre-action protocol.

There are unintended consequences of the latest fixed recoverable costs (FRC) that could result in fewer cases being dealt with without court proceedings. Already in non-personal injury cases, some practitioners are being encouraged to issue proceedings before the 1 October 2023 deadline if they—and of course their clients—wish to avoid FRC. The consultation by the Ministry of Justice (21 July 2023) is welcome, but further consultation is needed to deal with the cases where the courts will not be involved, those that settle without proceedings, or prior to defence.

Valuing the claim

The starting point in non-issued

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll