Fixed Recoverable Costs: CPR 45

What are fixed recoverable costs?

 

Fixed recoverable costs (FRC) rules were introduced by Lord Justice Jackson to place a cap on recoverable costs in civil cases. Costs recovered under the fixed costs regime will be much lower than if their costs were recoverable on the standard or indemnity basis.

Fixed costs rules are outlined in Part 45 of the Civil Procedure Rules. Fixed costs apply to cases that start out in the Pre-Action Protocol for low value personal injury claims in employers liability, public liability and road traffic accident claims. Fixed costs will apply when a claim begins on the MOJ Portal and is not allocated to the Multi-Track, and are for cases that generally settle below £25,000, although there are plans to extend fixed recoverable costs beyond this value.

Fixed recoverable costs disputes

 

CPR 45 disputes are becoming a more and more common in costs for low-value personal injury claims. Greener Costs can assist recovering your full legal costs in any type of dispute involving the fixed costs regime. We have years of experience and have been successful on assessment in the following issues:

  • Justification for removal of a matter from the Portal
  • Pre action protocol and Section III CPR 45 disputes as to the correct stage of fixed costs that apply
  • Consequences of late acceptance of a Part 36 Offer
  • Non-fixed disbursement disputes

Extension of the fixed costs regime

 

Following the consultation paper, “Extending Fixed Recoverable Costs in Civil cases; Implementing Sir Rupert Jackson’s proposals,” which was published in June 2019, the government has recently confirmed that there will be an extension to fixed costs in England and Wales. The 2019 consultation paper was created in response to the last piece of the Jackson Reforms which were first introduced in July 2017.

This now means that less complex claims valued between £25,000 and £100,000 will generally be allocated to the Fast Track/ Intermediate Track and fixed costs will apply to these intermediate cases.

The Fast Track will be divided into four categories based on complexity which cater for different levels of fixed costs. Standard costs will continue to apply for Multi Track costs claims.

Our assistance in fixed costs disputes

Greener Costs assist on any pre or post issue CPR 45 dispute. On provision of the paper or electronic papers, we will typically secure an interim payment within two weeks, and aim to resolve the dispute within two months.

Some matters may require a bill of costs to be prepared before proceeding to a provisional assessment hearing. We can assist in the preparation of your bill and provide representation at any costs hearing.

Why choose Greener Costs?

 

Greener Costs are a team of expert law costs draftsmen with many years of experience in the field. We can assist on any fixed recoverable costs dispute whether you are the paying party of the receiving party.

We can assist from the outset of a case by assisting in the drafting of retainers, right through to the settlement of a case by drafting bills of costs, points of dispute and points of reply.

In addition to our drafting services, at Greener Costs, we are actively doing everything we can to ensure our business benefits the environment.

We are doing this though carbon offsetting of our staff, becoming completely paperless and carbon offsetting through each instruction.

For a free, no obligation discussion, get in touch using the form at the bottom of the page, or contact info@greenercosts.co.uk.

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