Session Overview

The introduction of the Intermediate Track and the expansion of Fixed Recoverable Costs have fundamentally changed the costs landscape. While the rules themselves are becoming familiar, the real challenge for practitioners now lies in understanding how to apply them strategically throughout the life of a case. This session will explore the practical decisions that can significantly influence costs recovery—from allocation and complexity banding to claim valuation, settlement strategy and evidencing complexity. Focusing on the rules, strategy and tactics underpinning successful outcomes, delegates will gain practical guidance on maximising recoverability, avoiding common pitfalls and staying ahead in an increasingly sophisticated costs environment.

Key Topics

• Understanding the Intermediate Track – the purpose of the regime and its practical implications for litigators.
• Allocation strategy – making (and challenging) the case for Intermediate Track allocation.
• Complexity banding – identifying the factors that influence band assignment and how to present persuasive submissions.
• Claim valuation – strategic considerations where claims involve mixed remedies, injunctions or non-monetary relief.
• Exceptional circumstances – understanding the gateway for escaping Fixed Recoverable Costs and when it may realistically apply.
• Part 36 strategy – using offers effectively within the Fixed Recoverable Costs regime to maximise tactical advantage.
• Vulnerability and additional complexity – recognising when vulnerable parties or witnesses may influence litigation strategy and costs recovery.
• Building the evidence – recording and preserving the material needed to support allocation, complexity and costs arguments.
• Common pitfalls – the mistakes practitioners make most frequently under the Intermediate Track and how to avoid them.
• Practical tips and tactical guidance – key actions practitioners can take from the outset of proceedings to maximise recoverable costs and protect their client's position.

Learning outcomes

By attending this session, delegates will be able to:

• Make more informed decisions on allocation to the Intermediate Track. 
• Identify and justify the appropriate complexity band using the CPR and Practice Direction. 
• Develop effective strategies for cases involving mixed remedies and non-monetary relief. 
• Recognise when arguments concerning exceptional circumstances may be available. 
• Use Part 36 offers more strategically within the Fixed Recoverable Costs regime. 
• Identify cases where vulnerability or additional complexity may require a different litigation strategy. 
• Build the evidence needed to support allocation, complexity banding and costs arguments from the outset of proceedings. 
• Avoid common pitfalls that can adversely affect recoverable costs. 
• Adopt practical tactics to maximise costs recovery while reducing the scope for unnecessary costs disputes. 
• Return to practice with a clear framework for making better strategic decisions throughout Intermediate Track litigation.