The government’s response to the MOJ consultation on Extending Fixed Recoverable Costs in Civil Cases has now been published and can be found here.
The report confirms that the recommendations made by Sir Rupert Jackson in 2017 will largely be implemented, save for the introduction of an ‘Intermediate Track’ as those cases will fall into an expanded Fast Track for cases valued up to £100,000.
Mesothelioma, clinical negligence, actions against the police, child sexual abuse claims and IP matters will be excluded. There will also be a fixed costs regime for noise induced hearing loss claims and costs budgeting will be introduced for judicial review claims where costs exceed £100,000.
Cases within the new expanded Fast Track will be allocated to one of four bands based on complexity with uplifts to apply where a Part 36 offer is beaten (35%) or there has been ’unreasonable behaviour’ (50%). The figures set out by Sir Rupert Jackson in 2017 will be adjusted for inflation, the original Fast Track and Intermediate Track proposals are, however, set out below:
The draft rules will be submitted to the Civil Procedure Rules Committee for consideration before being finalised. It is anticipated that the changes will be implemented in April 2023.