From 1 October 2023 new rules apply which extend the
scope of fixed recoverable costs (FRC) and introduce a new
'intermediate' track applicable to non-personal injury
(non-PI) claims valued at up to £100,000. The extended FRC
has the potential to drastically limit the amount of recoverable
costs which will soon apply to certain property damage related
claims.
This article will survey the central changes to FRC that will
soon be applicable to property damage claims under a value of
£100,000, and provide practical guidance immediately before
and after implementation.
What are the changes?
Intermediate track
In addition to the existing 'track' allocations, being
the small, fast and multi tracks, a new 'intermediate'
track has been introduced. This will become the new
'normal' track applicable to claims valued at more than
£25,000 up to £100,000. The intermediate track will
apply to claims where, for example, trial is not expected to last
longer than three