Fixed Recoverable Costs (FRC) explained
Fixed Recoverable Costs (FRC) are pre-set limits on the legal costs a successful party can recover from the losing party in a court claim. They’re designed to make litigation costs predictable and to control the overall cost of civil justice. For personal injury claimants, FRC matters because it determines how much of a solicitor’s costs the defendant’s insurer will pay — and, by extension, what costs (if any) come out of damages. The biggest change in this area in recent years was the extension of FRC to claims up to £100,000 from 1 October 2023. This page explains how FRC works in 2026.
Most people who come to us would rather not handle a personal injury claim themselves. Our legal partner runs claims like this on a no win, no fee basis, gathers the evidence, deals with the other side’s insurer, and only takes a fee if your claim succeeds. You can also instruct a solicitor directly free of charge if you would rather, and the law gives you the same rights either way.
What FRC actually is
FRC are pre-set tariffs — fixed amounts of recoverable legal costs at each stage of a claim. Rather than the court assessing costs in detail after a case (the traditional “summary” or “detailed” assessment), the recoverable amount is determined by reference to a table.
FRC apply to:
- Costs recoverable from the losing party (between-parties costs).
- They do not directly affect the costs you pay your own solicitor under a CFA — that’s governed by the CFA.
- But they do affect the overall economics — if recoverable costs are capped, solicitors’ incentives shift.
The October 2023 extension
Until 1 October 2023, FRC mainly applied to low-value claims (under £25,000 in PI), particularly those processed through the OIC portal and the EL/PL Portal. The Civil Procedure (Amendment No. 2) Rules 2023 extended FRC substantially:
- Fast track claims (typically £10,000-£25,000) — FRC apply.
- Intermediate track claims — a NEW track introduced in October 2023 for claims £25,000-£100,000. FRC apply.
- Multi-track over £100,000 — traditional cost assessment continues.
The extension was the result of Lord Justice Jackson’s 2017 Supplementary Report on Costs, which recommended FRC be extended significantly. It took six years for the recommendations to be implemented.
The new intermediate track
The intermediate track (CPR 26.9) was created specifically for the FRC extension. Claims allocated to it have:
- Value between £25,000 and £100,000 (broadly).
- Trial estimate of 3 days or less.
- Up to 2 expert witnesses per party.
- Streamlined directions and procedure.
- FRC apply throughout.
Cases that wouldn’t fit (e.g. requiring more experts, longer trial estimates, or with high complexity) remain on the multi-track with traditional cost assessment.
The FRC tables
FRC are structured by:
- Track — fast track or intermediate track.
- Complexity band — claims allocated to a complexity band from Band 1 (simplest) to Band 4 (most complex within the track).
- Stage of the case — costs increase as the case progresses through pre-action, issue, allocation, listing, trial.
For example, a Band 2 fast track case settling at the post-allocation stage might attract recoverable costs of around £4,000-£6,000 plus disbursements. A Band 3 intermediate track case going to trial might attract £25,000-£40,000 plus disbursements.
The actual figures are set out in CPR 45 Tables 12 and 14 (and supplementary tables for specific case types). The figures are reviewed periodically and may be revised.
What FRC means for claimants
The practical effect of FRC for PI claimants:
- Predictable cost recovery — both sides know what costs are at stake at each stage.
- Some claims become unviable for traditional CFA economics — where FRC don’t cover the actual cost of running the case, the solicitor may need a larger success fee deduction from damages, or the case may not be taken on at all.
- Costs sanctions are clearer — Part 36 offer consequences are easier to predict when the costs framework is fixed.
- Procedural compliance matters more — missing a deadline can have direct cost consequences under FRC, harder to recover from than under traditional assessment.
The vulnerable parties uplift
Recognising that some cases are more expensive to run because of party vulnerability, FRC include an uplift mechanism — typically a 20% uplift on recoverable costs where the claimant or witnesses are vulnerable (e.g. children, protected parties, those needing translators or special procedures).
The vulnerable parties uplift was added to the FRC framework following consultation responses arguing that vulnerable claimants would otherwise be disadvantaged by a fixed-cost regime that didn’t reflect the actual additional cost of representing them properly.
Cases excluded from FRC
Several categories of case remain outside the FRC framework:
- Multi-track claims over £100,000 — traditional cost assessment continues.
- Clinical negligence claims — exempt for the moment, though there’s ongoing debate about extending FRC here.
- Asbestos and other industrial disease claims — exempted on the basis of their complexity.
- Catastrophic injury claims — typically multi-track and outside FRC.
- Some specialist categories — including child and protected party claims where the value exceeds £100,000.
OIC portal — a parallel scheme
The Official Injury Claim (OIC) portal explained.
Frequently asked questions
Will FRC reduce the compensation I receive?
Not directly — your damages are not affected by FRC. FRC governs only the costs recoverable between the parties. Your damages are calculated separately. However, if FRC make it harder to fund the case, the success fee deduction from damages may be larger.
Do FRC apply if I win or only if I lose?
FRC apply to all cases within their scope, regardless of outcome. If you win, the defendant pays the FRC amount as your costs. If you lose, QOCS typically protects you from paying the defendant’s costs, and any costs your solicitor charges under the CFA are governed by the CFA terms.
My claim is worth £80,000. What track will it be allocated to?
Likely intermediate track, with FRC applying. The exact complexity band depends on the issues — number of experts needed, trial estimate, complexity of evidence. Your solicitor will guide you on the likely allocation.
Did FRC change for accidents before 1 October 2023?
Generally no — the FRC extension applies to cases issued on or after 1 October 2023, regardless of when the accident occurred. Cases issued before that date continue under the previous costs regime.
What if my case is more complex than the band suggests?
You can apply for the case to be allocated to a higher complexity band or, in exceptional cases, for the FRC regime not to apply. The court considers the application against the factors set out in CPR 26.10 — number of experts, length of trial, complexity of legal issues.
Does FRC affect ATE insurance premiums?
After the Event (ATE) insurance explained.
Related guides
- Conditional fee agreements (CFAs) explained
- No win, no fee explained
- Qualified One-Way Costs Shifting (QOCS) explained
- The Official Injury Claim (OIC) portal explained
- Part 36 offers explained
Check If You Could Claim Compensation For Your Injury
If you were injured in an accident that wasn’t your fault, you may be entitled to compensation. Start a free claim check in minutes — no upfront cost. No win, no fee if your claim is accepted.
