March 2023 Dispute Resolution horizon scan (archived): fixed recoverable costs extension, CPR changes, pending Supreme Court rulings, legislation, bills and consultations

Published by a LexisNexis Dispute Resolution expert

Practice notes

Hot topic—extension of fixed recoverable costs (FRC)

ARCHIVED: This archived Horizon scanner reviews both recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 9 March 2023 date. Sophie Houghton, a solicitor in the Dispute Resolution Lexis+® UK team, examines the planned extension of FRC, scheduled to take legal effect in October 2023.

The widened FRC will apply where the cause of action arises on or after 1 October 2023 and will strictly not have retrospective effect at all. As extended, FRC will attach to fast track claims seeking debt, damages or other monetary relief, save where the rules expressly exclude them. Unlike the current FRC framework, the new regime is far broader in scope and anticipates longer, higher-value and more intricate disputes. CPR 45 (fixed costs) is being revised to incorporate the fresh provisions, and draft rules for the FRC extension are expected to be issued in advance of the October 2023 implementation date. The forthcoming rules will provide four complexity bands for cases valued up to £25,000 and a further four complexity bands for cases valued up to £100,000 (intermediate cases). It is important to note that the new scheme is not a personal injury...

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Web page updated on 21/05/2026

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