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ARTICLE · 26 SEPTEMBER 2023

Impact of fixed recoverable costs on property damage claims

Surveys central changes to FRC that will soon be applicable to property damage claims under a value of £100,000.

EnglandLitigation, Mediation & Arbitration

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

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