CPR45 Fixed Recoverable Costs 

For free initial advice on CPR 45 disputes, you can find our helpful frequently asked questions below



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CPR45 Fixed Recoverable Costs

CPR 45 Fixed Recoverable Costs disputes are becoming a more and more common dispute in costs for low-value personal injury claims (in particular matters relating to Section IIIA of Part 45 Civil Procedure Rules for Road Traffic Accident, EL/PL type matters). ARC Costs is able to assist with handling and recovering your full legal costs in disputes involving the fixed costs regime, and at no additional costs to yourselves. We have extensive experience in succeeding on assessment on the following issues:

What are fixed recoverable costs?

Fixed Recoverable Costs (FRC) refer to a scheme in civil litigation whereby the amount of legal fees that can be recovered by the successful party in a claim is fixed and predetermined. The FRC system is designed to provide greater certainty and transparency in legal costs for both parties, reducing the time and expense associated with cost assessments.

Under the fixed recoverable costs scheme, the amount of costs that can be recovered is determined by a set of fixed rates that depend on the nature and complexity of the claim. The fixed costs cover the costs of the legal services provided by the successful party’s solicitor and do not include any other expenses such as court fees, expert fees, or disbursements.

Fixed costs are applicable to cases that commence in the Pre-Action Protocol for low-value personal injury claims, which include employers’ liability, public liability, and road traffic accident claims. These costs will be implemented when a claim initiates on the MOJ Portal and is not assigned to the Multi-Track, and are typically for cases that settle below £25,000, with a potential extension of fixed recoverable costs beyond this threshold.

The system aims to provide greater certainty and transparency in legal costs, and reduce the time and expense associated with cost assessments, providing a quicker and more cost-effective route to justice for both parties.

Extension of the Fixed Recoverable Costs Regime 2023

The government has confirmed an extension to fixed costs in England and Wales, in response to the 2019 consultation paper “Extending Fixed Recoverable Costs in Civil Cases; Implementing Sir Rupert Jackson’s Proposals,” which followed the last stage of the Jackson Reforms introduced in July 2017.

This extension means that intermediate cases, generally less complex claims with a value between £25,000 and £100,000, will now be assigned to the Fast Track/Intermediate Track, subject to fixed costs. The Fast Track will be split into four categories based on complexity, each with its own fixed cost level, while standard costs will still be applied to Multi Track cost claims.

It has been confirmed that the fixed costs extension will come into force in October 2023, meaning that cases with a value up to £100,000 will be subject to fixed costs under CPR 45.

When Can We Assist With CPR45 Disputes?

ARC Costs can provide assistance on any pre or post issue CPR 45 dispute, and on provision of the paper or electronic papers, we typically secure an interim payment within two weeks, and a resolution to the dispute within two months.

Some matters may need Bills of Costs preparing, and to proceed to a provisional assessment hearing. This may extend the length of the dispute however, we have an unrivalled success rate on proceeding to assessment, with 96% of our fixed costs cases succeeding at this stage.

CPR 45 Costs Recovery Assistance

If you require any free initial advice, or our assistance with regards to any fixed costs dispute, please do not hesitate to contact us via the Contact Form below and one of the team will get in touch on the same working day.

Alternatively, if you wish to provide a copy of the electronic papers for us to consider, please email info@arccosts.co.uk so that we can provide a preliminary advice within 24 hours.

Useful Fixed Recoverable Costs Common Law

Bird v Acorn Group Ltd [2016] EWCA Civ 1096 – Established that a receiving party can ‘leapfrog’ fixed recoverable costs stages (e.g. issued fixed costs would ‘jump’ to listing fixed costs if listed for a disposal hearing without any allocation directions in between). Also determined that one cannot go back in the fixed costs phases, so that if a matter was listed for a disposal hearing and later contested, allocated to the Fast Track and directions given, that listing fixed costs would still apply.

Justification for removal of a matter from the Portal – An issued case on which we were successful in demonstrating ‘reasonable conduct’ to lodge for a Stage 3 hearing early, and subsequently removing the matter from the Portal for the Defendant’s failure to pay an interim payment in a timely fashion. This resulted in listed fixed recoverable costs being paid.

Qadar v Esure Services Ltd [2016] EWCA Civ 1109 – A matter allocated to the Multi-Track must attract standard costs, and fixed recoverable costs cannot apply. This resulted in an amendment to CPR 45.29B.

Ferri v Gill [2019] EWHC 952 (QB) – If a matter begins on the Portal and falls out, the claim attracts fixed costs irrespective of value until such time as the claim is allocated to the Multi-Track. The fact that the claim was of a significant value in excess of £25,000 (and settled for £42,000) was not in itself a good reason to apply ‘exceptional costs’ under CPR 45.29(J)

What We Do Best

Our dedicated and experienced law costing team provide a wide array of legal costs services.  Find out more by following the links below. 

Bills of Costs

We pride ourselves in achieving an average recovery of 72% of all Bills

Costs Budgets

We achieve an average of 81% of the value of the Costs Budgets drafted

Costs Budget Negotiations

Our team have over 20 years of experience in Costs Budget Negotiations. 

CPR 45 Fixed Recoverable Costs

CPR 45 Fixed Recoverable Costs are becoming a more and more common dispute in costs

Legal Costs Training

We're experts in legal costs and pride ourselves in the results our team achieve

Detailed Assessment Proceedings

Our experienced costs team ensure that the best outcome is achieved on every case

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