29 November, 2023
As we have reported before, a new regime for Fixed recoverable Costs came into effect on the 1 October 2023. The general rule is that it applies to cases worth up to £100 000 issued on or after that date. But for personal injury claims it will apply to causes of action arising on or after the 1 October 2023 or for disease claims where a compliant letter of claim had not been sent before the 1 October 2023.
The rules introduce a new intermediate track for cases worth over £25 000 and the new concept of complexity banding in the fast and intermediate tracks. The amount of cost that can be claimed by a party depends on the track a case is or would be allocated to and the complexity band applicable. It can be a complicated calculation, so Forbes have developed a comprehensive tool to help calculate the costs that can be found here.
At the moment we have not included fast track Noise Induced Hearing Loss claims, but the tool will be updated to include them in the near future.
As the transitional provision will mean that many personal injury EL, PL and RTA cases continue to incur fixed costs under the old regime for some time we have also retained our original calculator applicable to fast track personal injury claims arising from accidents occurring from 31 July 2013 to 1 October 2023 here.
Learn more about our Insurance department here