Overview

The expansion of Fixed Recoverable Costs (FRC) represents one of the most significant recent reforms to civil litigation under the Civil Procedure Rules. With the introduction of the intermediate track and the widening of FRC to a broader range of personal injury and other civil claims, practitioners must now navigate a more structured and more prescriptive—costs landscape.

This webinar will provide a comprehensive overview and practical update on the scope and operation of fixed recoverable costs. It will examine the transition provisions governing which claims fall within the regime, and the critical importance of allocation decisions in determining costs exposure. Particular focus will be given to the forensic approach to allocation across the fast track, intermediate track, and multi-track, and how parties can position their cases strategically at that stage.

The session will also address the availability (or otherwise) of non-fixed costs within the fast track and intermediate track, the rules governing assignment in each track, and the limited circumstances in which parties may “escape” from FRC. Throughout, the emphasis will be on risk management, tactical decision-making, and avoiding unintended costs consequences.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand the scope and policy objectives of the expanded FRC regime under the CPR
• Apply the transition provisions to determine whether fixed recoverable costs apply to a particular personal injury claim
• Recognise the central importance of allocation in determining costs recovery and exposure
• Analyse the criteria and practical considerations for allocation to the fast track
• Assess when allocation to the intermediate track is appropriate and understand its costs consequences
• Identify cases that properly belong in the multi-track and the implications for costs recovery
• Advise on the availability of non-fixed costs within the fast track and intermediate track
• Understand the rules and practical issues surrounding assignment in both the fast track and intermediate track
• Identify and evaluate potential “escapes” from the fixed recoverable costs regime and the evidential thresholds involved.

Target Audience

This webinar is essential for litigators seeking to navigate the post-reform costs environment with confidence and to minimise adverse costs risk in personal injury and related litigation.