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22 September 2023 / Julian Caddick
Issue: 8041 / Categories: Features , Profession , Costs
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Costs: On the wrong track?

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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

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Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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