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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 reforms: tracker and practitioner guidance on CPR 45/PD 45, fast and intermediate tracks, NIHL, consultations and timelines (England and Wales)

Practice notes
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Fixed recoverable costs (frc)

Fixed recoverable costs (FRC) set out the sums recoverable from the paying party in litigation, introduced to promote clarity and proportionality in legal spend and process. The intention is that would-be litigants are not deterred by the risk of adverse costs exposure. FRC are now routine across several litigation spheres, though they are not universally applicable in every claim. As the landscape continues to change, this tracker seeks to chart the major milestones in the reform of FRC and offer granular guidance on particular stages and phases.

CPR provisions on fixed costs

For an overview of the present fixed costs rules and a pathway to related materials and analysis, see: Fixed costs (position on or after 1 October 2023)—checklist.

Timeline of key events in fixed recoverable costs reform

  • October 2025 (consultation closes on 5 January 2026) — The Civil Procedure Rule Committee (CPRC) has opened a consultation assessing the effectiveness of the FRC expansion, inviting feedback and evidence as part of an evidence-gathering exercise with the Ministry of Justice (MoJ). The consultation ends on 5 January 2026...
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Web page updated on 21/05/2026

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