FIXED RECOVERABLE COSTS: AN A – Z OF SOME BASICS
Fixed Recoverable Costs Extension: Autumn Course Details
Details of the courses are here, and can be booked here.
A. ADVOCACY FEES
Advocacy fees are fixed and are a freestanding add-on to Fixed Recoverable Costs and apply and are fixed whatever the status of the advocate and whatever their length of call/admission.
Thus, a KC or senior solicitor receives exactly the same advocacy fee as a newly admitted advocate.
B. BUDGETING
Costs budgeting has no place in any Fixed Recoverable Costs case.
BANDS
Fixed Recoverable Costs cases fall into four Complexity Bands and the higher the number of the band,
the higher the fee.
C. COUNSEL
Counsels’ fees, apart from advocacy, are fixed and ring-fenced at various stages of the proceedings and
the seniority of counsel is irrelevant and a KC receives the same fee as a newly called barrister.
COMPLEXITY BANDS
These are the same bands of complexity. They are complex.
CONTRACTING OUT
D. DETAILED ASSESSMENT
Detailed assessment has no place in any Fixed Recoverable Costs case
– see Nema v Kirkland [2019] EWHC B15 (Costs) (23 August 2019)
E. EXCLUSIONS
EXPERT AND WASTED COSTS
F. FAST TRACK
FUNDAMENTAL DISHONESTY
Fundamental dishonesty applies in full in relation to all personal injury claims whether subject to Fixed
Recoverable Costs or not.
G. GUIDELINE HOURLY RATES
H. HOURLY RATES – Gone
I. INDEMNITY PRINCIPLE
Indemnity principle has no place in Fixed Recoverable Costs cases
– see Nizami v Butt [2006] EWHC 159 (QB)
Indemnity costs have been abolished as between the parties in Fixed Recoverable Costs cases.
INTERIM APPLICATIONS
INTERMEDIATE TRACK
J. JUDICIAL REVIEW
K. KERRY – He knows a bit about all this 🙂
L. LONDON WEIGHTING
M. MULTIPLE CLAIMS
N. NON-MONETARY CLAIMS
O. ONGOING UNISSUED CASES
P. PART 36
PERSONAL REPRESENTATIVES
Q. QUALIFIED ONE-WAY COSTS SHIFTING
R. REALLOCATION
RE-ASSIGNMENT
S. SOLICITOR AND OWN CLIENT ASSESSMENTS
SCOPE
T. TRIGGER DATES
TRACKS
TRUSTEES
U. UNDERWOODS METHOD
V. VULNERABILITY
W. WASTED COSTS
X. X-RATED – The quality of the new Civil Procedure Rules.
Y. WHY DIDN’T THEY DRAFT THESE RULES PROPERLY?
Z. ZOO – Where the authors of some of these Rules presumably live.
Kerry Underwood 
Regarding the X, Y and Z of your alphabet, this really resonates with me. I am finding so many inconsistencies between different rules and Court forms as issued, I feel like giving up! For instance, how does the statement of value required on a Claim form as per CPR 16.3 now fit with the EX50 Court fees when entering statement of value on a claim form and paying the right fee? If you have a personal injury claim worth say more than £30,000 but not more than say £60,000 do you have to give a statement of value of £25k to £100k and what court fee do you then pay? Surely not 5% of £100k?
How does CPR 16.3 (3) sit with PD7A 3.5 and the information on the current N1A?
I could go on!
katrinaa32e7a53e8
October 5, 2023 at 3:26 pm
Thank you for your comment.
As I am sure you can imagine, there are very significant problems in relation to inconsistencies concerning Fixed Recoverable Costs in the Civil Procedure Rules.
I turn first to your second point.
You are correct in that CPR 16.3(3) correctly states that in a claim for personal injuries, other than those arising from a Road Traffic Accident which occurred on or after 31 May 2021, a Claimant must state in the Claim Form whether the amount which they expect to recover as general damages for pain, suffering and loss of amenity is –
(a) not more than £1,500; or
(b) more than £1,500.
That of course reflects the fact that, outside the field of Road Traffic Accident matters, that is now the small claims limit in personal injury work.
As you also correctly point out, Practice Direction 7A 3.5 has not been updated and reads:
“3.5 If a claim for damages for personal injuries is started in the County Court, the Claim Form must state whether or not the claimant expects to recover more than £1,000 in respect of pain, suffering and loss of amenity.”
Such failure to look at related Civil Procedure Rules and Practice Directions, and update them where necessary, is common.
You are also correct in stating that Form N1A – Notes for Claimant on completing a Claim Form has not been updated either and still refers to having to say whether the damages for pain, suffering and loss of amenity are either:
• ‘not more than £1,000’ or
• ‘more than £1,000’.
CPR 16.3 provides that the Claimant must, in the Claim Form, state:
“(a) the amount of money which he is claiming;
(b)that he expects to recover—
(i)not more than £5,000;
(ii)more than £5,000 but not more than £15,000; or
(iii)more than £15,000; or
(c)that he cannot say how much he expects to recover.”
The requirements in CPR 16.3(3) already referred to is in addition to the requirements of CPR 16.3(1) and (2) in relation to a personal injury claim.
CPR 16.3(A) deals with personal injury claims arising from a road traffic accident where the small claims limit is £5,000.
Here is the relevant Section of Form EX50 – Guidance – Civil Court Fees – updated 6 October 2023.
Civil court fees (EX50) – GOV.UK (www.gov.uk)
Here is the overview:
This guide sets out a selection of civil court fees. See the full list of fees charged in the civil and family courts (EX50A).
The full lists of all court fees are contained in statutory instruments (SIs) known as fees orders and can be found at http://www.legislation.gov.uk
The court fees set out on this page apply to, and are the same in, the High Court and in county courts and family courts, unless otherwise stated. Your local court will be able to help you identify any fee not covered here.
Find out how to pay a civil or family court fee, get help with fees or get a refund.
Issuing claims
Money claims (civil fees order 1.1 to 1.2)
To issue a claim for money, the fees are based on the amount you are claiming, plus interest.
Value of your claim Fee
Up to £300 £35
More than £300 but no more than £500 £50
More than £500 but no more than £1,000 £70
More than £1,000 but no more than £1,500 £80
More than £1,500 but no more than £3,000 £115
More than £3,000 but no more than £5,000 £205
More than £5,000 but no more than £10,000 £455
More than £10,000 but no more than £200,000 5% of the value of the claim
More than £200,000 £10,000
The bands of valuing the claim do not reflect the different tracks, that is the Fast Track and the Intermediate Track.
The band that encompasses them simply reads:
“More than £10,000 but no more than £200,000”
In a potential Fixed Recoverable Costs scheme case, do you have to give a statement of value of between £25,000 and £100,000, or what?
What court fee do you then pay?
5% of £100,000, even if the true range is say £30,000 to £60,000?
Parliament has a committee which constantly looks for errors in Statutory Instruments and inconsistencies between different Acts of Parliament and Statutory Instruments etc.
Surely it is time the Civil Procedure Rule Committee had such a sub-committee.
In fact, it may be better to put that task out to an external body as regrettably, the Civil Procedure Rules Committee inspires confidence in almost no one.
Kerry
kerryunderwood
December 20, 2023 at 8:41 am