Fixed recoverable costs reform effective 1 October 2023: scope, fast/intermediate tracks, complexity bands, Part 36 uplift and practical implications (England and Wales)

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Practice notes

ARCHIVED : This Practice Note has been archived and is not maintained.

This archived Practice Note is no longer updated. It examines the roll-out of the fixed recoverable costs (FRC) regime, with particular attention to costs in matters placed on the fast track (FT) and the new intermediate track (IT). It explains the four complexity bands used in each track, and addresses how fixed costs apply to purely monetary claims and to mixed claims seeking both monetary and non‑monetary remedies. It also outlines the revision to Part 36, under which a claimant may recover an extra 35% on their FRC where they secure a judgment at least as advantageous as their own Part 36 proposal. The Note chiefly highlights the new Section I of CPR 45 (general provisions), the new Section VI of CPR 45 (fixed costs in the FT), the new Section VII of CPR 45 (fixed costs in the IT) and the new Section IX of CPR 45 (disbursements). It further records the amendments to CPR 36 and the guidance on allocation to the FT and IT in the new CPR 26. All references to the new provisions are to the approved drafts for implementing the 1 October...

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Web page updated on 21/05/2026

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