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Key definition
Fixed costs definition

What does Fixed costs mean? In litigation, fixed costs are pre‑set, rule‑based sums that a successful party can recover from the losing party, regardless of the actual legal spend. When such rules apply, the court orders payment of the specified amounts (usually with only limited disbursements), instead of undertaking detailed assessment. England and Wales: Fixed recoverable costs are defined by the Civil Procedure Rules, principally CPR Part 45. Following the October 2023 expansion, they apply to most fast and intermediate track claims (generally up to £100,000), with tables setting amounts by stage, value and complexity band. Adjustments may arise for Part 36 consequences, unreasonable...

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Fixed recoverable costs reform: Jackson LJ’s 2017 report—fast-track extension, new intermediate track to £100k, and proposals for clinical negligence, business/property and judicial review (England and Wales)

Practice notes
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ARCHIVED: This Practice Note is archived and no longer maintained.

Jackson LJ’s ‘Supplemental Report—Fixed Recoverable costs

In July 2017, Lord Justice Jackson issued a report after reviewing fixed recoverable costs (frc). Completed on schedule with input from 14 assessors, it sets out several recommendations, namely:

  • rolling out a FRC regime across all fast-track matters
  • creating an intermediate track to which FRC would attach, for cases of moderate complexity that would otherwise sit in the multi-track, valued up to £100,000
  • widening the current Aarhus Convention style capped-costs model from certain judicial review claims to encompass all judicial review claims

For fuller discussion of Jackson LJ’s report, see News Analyses: Fixed recoverable costs report 2017—a summary of conclusions; Will Jackson’s fixed costs proposals deliver access to justice?; and Alert: Review of fixed recoverable costs report—published. For updates on the progress of the FRC reforms, see Practice Note: Tracker—Fixed costs reforms.

Scope of the review

The terms of reference for this review were to:

  • develop proposals for extending the present civil FRC regime in England and Wales so as to...
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Web page updated on 21/05/2026

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