PI Brief Update

Recent amendments to Practice Directions relating to Fixed Recoverable Costs (FRC) - Nancy Kelehar, Temple Garden Chambers

26/04/24. As practitioners will be aware, the extension of fixed recoverable costs (FRC) came into force on 1 October 2023, applying to most simpler claims valued at £100,000 or less. Given the date of implementation, the courts have not had the chance to address some of the issues that may arise, e.g. as to assignment of the complexity band. In the meantime, the rules have been refined by the 163rd and 165th updates to the Civil Procedure Rules (CPR).

The 163^rd update to the CPR will apply from 6 April 2024. It includes increased FRC to reflect inflation, as well as increases to trial advocacy fees, providing a new Table 12 (amount of fixed costs in the fast track) and new Table 14 (amount of fixed costs in the intermediate track).

The 165^th update also concerns FRC with amendments to PD28 and PD45 coming into force on the same date. This update contains amendments relating to VAT and addresses the issue of when counsel’s fees are payable when a case is settled or vacated prior to the hearing. The new provisions set out a number of examples in accordance with which advocacy fees should be computed.

The 163^rd update also provides for amendments relating to:

• Civil Restraint Orders (CRO) – PD3C
• The Electronic Working Pilot Scheme – PD51O
• Appeals to the Court of Appeal – PD52C
• Statutory Appeals and Appeals Subject to Special Provision – PD52D
• Acknowledgement of Service in Judicial Review Proceedings – PD54A & PD54D
• Trial Witness Statements in the Business and Property Courts – PD57AC

Additionally, it should be noted that the 164^th update contains a number of amendments to PD 51R, Online Civil Money Claims (OCMC) and PD 51ZB, Damages Claims Portal (DCP), which came into force on 29 February 2024.

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