Fixed recoverable costs update: judicial review and last minute consultation

There have been two key developments in the lead up to the extension of the fixed recoverable costs (FRC) regime coming into force on 1 October 2023. Firstly, the Association of Personal Injury Lawyers (APIL) has issued judicial review proceedings against the Lord Chancellor challenging several aspects of the new rules. Secondly, the UK Government has issued a consultation which closes just over three weeks before the rules are due to come into force.

Background

Arguably the most anticipated (and long awaited) change in the personal injury arena this year is the extension of the fixed FRC regime.

On 28 March 2019, the UK Government launched a consultation seeking views on a number of recommendations made by Sir Rupert Jackson in his 'Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs', published in July 2017, with the UK Government aiming to take forward most of his recommendations.