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Publication of the latest Civil Procedure Rules Committee Minutes has revealed that the Post Implementation Review of the extension of Fixed Recoverable costs will be delayed until 2027.
A Stocktake response has been approved for publication and should be published imminently. In the meantime, the CPRC proposes to obtain evidence on work required due to vulnerability, publish a Post Implementation FRC review in 2027, look at inflationary uplifts of FRC and reforms to NIHL cases.
The minutes also confirm that the CPRC have begun to consider the implications of Attersley v UK Insurance [2026] EWCA Civ 217 and ratified a recommendation that no amendments are required, largely because the case concerns the pre-October 2023 regime.
The minutes reveal a series of noteworthy details:
Post Implementation Review Delayed to 2027 - The CPRC confirm that the FRC review will be delayed owing to the fact that the “stocktake has taken place too early for stakeholders to provide meaningful responses” and they say this will allow cases currently in the system to conclude. A draft response will be published imminently. This will set “out a summary of the points raised by respondents and the way forward considering the consultation”. It confirms that a total of 47 responses to the consultation were received. In 2025, the SRA reported there were 8,987 law firms in England & Wales.
Report on MOJ regarding inflationary uplifts to be provisionally published Autumn 2026 - CPRC recognises that fixed costs figures should be uprated with a suggestion that this could occur in January each year. Uprating is long overdue for MOJ Portal cases and the last uprating of FRC was 2024. The CPRC, however, will not review the levels of fixed costs as this is a matter for government.
Plans for further work on vulnerability - As revealed previously, the MOJ is to look again at the vulnerability provisions and a further consultation will take place.
Plans for Noise Induced Hearing Loss reforms - A further report will be forthcoming on NIHL and how these cases can be reformed “without undermining the FRC regime”.
Part 36, FRC and Attersley - The CPRC have resolved to ratify the recommendation that no amendments are required, largely because the case addressed the pre-October 2023 rules which would now be difficult to change, whilst both Part 36 and Part 45 have been subject to significant change since.
You can read the full CPRC Minutes here.
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