CPRC Sub-Committee on Costs Begins Work on Extending Fixed Recoverable Costs

On 7 April 2022, Minutes of the Civil Procedure Rule Committee’s (CPRC) most recent meeting (on 4 March) were published.

At the meeting, which took place via video conference, Committee member, Mr. Justice Trower, provided an oral update on the CPRC Sub-Committee on Costs’ work regarding the Government’s proposal to extend the fixed recoverable costs (FRC) regime.

For more information on the proposal, which essentially mirrors Sir Rupert Jackson’s Report: ‘Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs’, read our article in edition 335 of BC Disease News (here).

It was revealed by Trower J that the Sub-Committee had held its first FRC-related meeting last month, but was unable to confirm a precise timetable for substantive reporting back to the CPRC, nor a fixed date for the ultimate implementation of reforms.

As a result, the expected start date for new matrices of fixed costs is still Autumn of this year.

Other costs updates to surface from the minutes included news of a ‘further consultation’ on qualified one-way costs shifting (QOCS) ‘in due course’ and a ‘substantive review’ of the structure of CPR Part 45, subject to a review on costs undertaken by the Civil Justice Council (CJC). Indeed, in edition 339 (here), we reported that the Master of the Rolls, Sir Geoffrey Vos, had identified an ‘immediate need for an holistic consideration of a number of interconnected issues’, but not in the form of a ‘one-time generational review’.