We are reposting our update on the Fixed Recoverable Costs Stocktake Consultation. It is important for the Civil Procedure Rule Committee's Stocktake to be fully informed by the knowledge and experiences of expert witnesses, so do please take the time to complete our survey by 21 December 2025.
Background
The Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC), inviting feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice (MoJ). The FRC regime prescribes the amount that can be recovered by the winning party at set stages of litigation, from pre-issue to the trial itself, with reference to a particular case type and track. The FRC regime was extended in October 2023.
The consultation exercise will be followed by the MoJ’s full Post Implementation Review into the FRC regime as a whole, which is due to commence in 2026.
The consultation material comprises:
Responses
The EWI will be responding to the consultation and would appreciate your views and evidence on the questions set out in the Call for Evidence document. You can input into our response by filling out the survey: Fixed Recoverable Costs Interim Implementation Stocktake – Fill in form. The survey lists the questions asked in the Call for Evidence document. Just leave blank any questions that are not relevant.
Please ensure that you have reviewed the Cover sheet and Call for Evidence document before answering the questions as these documents provide important background and contextual information for the questions. You should compete the survey by 21 December 2025.
All responses will be confidential and only anonymised details will be provided in our response to the Consultation.
You can also respond to the Stocktake directly by submitting comments (in Word or PDF form) by 5 January 2026 to CPRCconsultation@justice.gov.uk with "Fixed Recoverable Costs (FRC) Interim Implementation Stocktake” in the subject line of your email.