Over a decade on since Sir Rupert’s report, the minutes of the Civil Procedure Rules Committee for 3rd March 2023 now outline exactly when fixed recoverable costs will apply and for which cases.
However, the mechanics for introducing FRC will not be the same for all claims despite the shared implementation date of 1 October 2023.
It is intended that fixed costs will apply to claims where proceedings are issued on or after 1st October 2023, except for personal injury.
For personal injury the new FRC will apply only where the cause of action accrues on or after 1st October 2023 and will only apply to disease claims where the letter has not been sent to the defendant before 1st October.
The FRC will apply to most money cases (apart from clinical negligence) worth up to £100,000.00.
The rules have yet to be published but the proposed new practice direction 45 has been drafted with tables setting out the rates of FRC for the fast track, intermediate track, and noise induced hearing loss claims.
Types of claims proposed as not suitable for FRC were: mesothelioma cases, clinical negligence claim, cases involving child sexual abuse, housing claim and “complex” injury and professional negligence claim.
It looks to be a busy year ahead for legal practitioners what with the new FRC regime and new qualified one-way costs shifting rules which came into force for all cases issued on or after 6th April 2023.
Here at Box Legal we have been offering after the event legal expense insurance since 2004 and have a wealth of experience. We have competitively priced ATE insurance policies available for all types of personal injury claims and can also arrange legal expense insurance cover for non-personal injury claims such as housing disrepair and financial mis-selling matters.
The number and variety of cases we arrange cover for is always increasing and so please contact us to discuss any after the event insurance requirements. We are happy to discuss and develop ATE insurance for case types we do not already insure.
If you would like to speak to us or obtain further information then please call on 0870 766 997, or email email@example.com