The new fixed recoverable costs regime entered into force on 1 October 2023 and applies to all cases with a value up to £100,000 issued on or after 1 October 2023, subject to some exceptions. For example, on PI cases, the new fixed recoverable costs regime applies where the cause of action occurred on or after 1 October 2023.
The new fixed recoverable costs do not apply to multi-track cases valued at £100,000 and beyond.
The creation of a new intermediate track for cases with a value from £25,000 to £100,000 is a significant change. For intermediate track cases, there will be no budgeting at the beginning of the claim or detailed assessment at the end.
Four complexity bands have been introduced for the fast and intermediate tracks with associated grids of costs for the stages of the claim.
The application of fixed recoverable costs is now entirely dependent on allocation and NOT dependent on Pre-Action Protocols.
Author:
Simon Ball, Partner
Email: simon.ball@weightmans.com