Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs

Introduction

In my January 2010 report, I recommended Fixed Recoverable Costs (FRC) for ‘fast track’ cases (claims up to £25,000 which can be tried in one day) and costs budgeting for ‘multi-track’ cases (bigger claims). I also said that we would need to look again at fixing costs for cases in the lower regions of the multi-track, once the reforms which I was then recommending had bedded in.

Those reforms have now bedded in, although some fast track cases still do not have FRC. Therefore, it is now opportune to consider extending FRC. To that end, on 11th November 2016 the Lord Chief Justice and the Master of the Rolls commissioned me to carry out a further review, to develop proposals for extending FRC.

In carrying out this review, I was ably assisted by fourteen assessors from a variety of legal and other backgrounds. This review takes place against a range of other civil justice initiatives, described in more detail in chapter 1. It is important that the various initiatives (including my own) remain co-ordinated.

During this review, I have gathered evidence from many sources and received numerous written submissions, as summarised in chapter 3. I have held five public seminars and had meetings with a variety of stakeholder groups, despite the constraints of sitting as a judge in the Court of Appeal, which occupies most of my working time. A variety of opinions were aired at the meetings, many of which have been incorporated into this review. Chapter 4 provides further details of those meetings coupled with a summary of their content. I am grateful to the Master of the Rolls’ office for organising the seminars, to those who hosted the various events and to all who took part.

Lord Justice Jackson