By Lee Carter, Director and Senior Costs Draftsman 
 
Unless you’ve been hiding under a rock for the last few months, you’re probably aware that the new Fixed Recoverable Rules are now in force. 
 
Since 1 October 2023 reforms have been implemented which: 
 
Extend Fixed Recoverable Costs to most civil litigation claims up to £100,000.00. 
This includes Clinical Negligence claims. 
Applies to Non-PI cases where proceedings have not been issued before 1 October 2023. 
Applies to PI Disease claims where Letter of Claim has not been sent before 1 October 2023. 
Introduces the Intermediate Track for less complex Multi-Track claims and 8 Complexity Bands all of which impact the level of recoverable costs. 
Introduces restrictions around disbursement recoverability including Counsel. 
 
In addition, further reforms have been announced to introduce further fixed recoverable costs for all Clinical Negligence claims with a settlement value up to £25,000. 
 
Whilst all the pros and cons of the new legislation are still being debated and finalised, one thing is for certain: 
 
There remains a great deal of uncertainty about which Fixed Recoverable Costs can be claimed AND challenges from the paying party are anticipated. 
 
In order to make matters easier for our clients, we have launched a dedicated FRC team to navigate the highly-complex legislation on your behalf. 
 
Led by our experienced Senior Costs Draftsman Sean Linley, the new FRC team will aim to maximise recovery by providing a service tailored to your requirements. 
 
Preparation of Fixed Recoverable Costs Schedules 
Commencement of Assessment proceedings 
Negotiate Fixed Recoverable Costs Settlements 
Negotiations regarding disbursements 
Attendance at Allocation Hearings 
Preparation of Part 8 Proceedings 
General FRC Advice and Training 
 
By outsourcing this work to our experienced Costs Draftsman, you can save time and generate more income by ensuring your Fee Earners focus on the essential aspects of each case. 
 
How we can alleviate all your FRC headaches 
 
For a bespoke monthly retainer fee, we can provide an ‘unlimited’ case FRC service – including all advocacy at allocation hearings – provided by our in-house Solicitor Advocate Seamus Kelly
 
The FRC team will also be available to field any ad hoc queries in addition to ensuring you maximise your client’s Fixed Recoverable Costs. 
 
In essence, this funding model acts as a company overhead and is tax deductible, giving you unrivalled direct access to experts in the FRC field but without any additional direct staffing costs. Essentially, our dedicated FRC team will act as an extension of your firm. 
 
We know the legislative landscape is constantly changing, and staying up to date with evolving Fixed Costs Regulations can be all consuming. 
 
But rather than get yourself bogged down by red tape, we can provide ongoing support and a bespoke way of working to maximise your FRC, whilst keeping you compliant with the latest rules and requirements. 
 
If this sounds like something you would benefit from, please email FRC@carterburnett.co.uk for details or call 01482 534567 for an informal discussion. 
 
 
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