The Civil Procedure (Amendment) Rules 2024 – Updates to the recently introduced Fixed Costs Regime

Following the Ministry of Justice’s consultation in July 2023 and subsequent implementation of the fixed recoverable costs regime in October 2023, amendments are being made to update the same. Those amendments follow concerns arising now that the rules have been applied in practice. The changes are being introduced by way of the Civil Procedure (Amendment) Rules 2024 which was made on 30 January 2024 and is set to come into force on 6 April 2024.

Those amendments include:

  1. Clarification that a claim will only be allocated to a track after the parties have filed their Directions Questionnaires, not at the point at which the Directions Questionnaire are filed as per the previous rules;
  2. Clinical Negligence cases may be allocated to the intermediate track instead of the multi-track where there is a full early admission of liability in the pre-action letter of response;
  3. A claim against a public authority for trespass must be allocated to the multi-track, unless the Court considers it is in the interests of justice not to do so;
  4. The Court shall give directions when it allocates a claim to the fast-track, unless it fixes a case management conference, but may either give directions or fix a case management conference where it allocates a claim to the intermediate track;
  5. The holding of a case management conference on the intermediate track is discretionary, not mandatory;
  6. Clarification as to what is taken into account when determining the 20-page limit of an expert’s report;
  7. Clarification as to which tracks disclosure will apply;
  8. Where a claim relates to low value personal injury claims in road traffic accident claims, employer’s and public liability claims, a claim allocated to the fast or intermediate track or claims for noise induced hearing loss, parties can expressly agree that fixed costs shall not apply;
  9. Any changes to the amount of fixed recoverable costs in claims allocated to the fast or intermediate track or for claims in relation to noise induced hearing loss which come into force on 6 April 2024 will apply to costs orders made on or after that date in claims issued before that date;
  10. Fixed costs will not apply to costs incurred in inquest proceedings and those costs will be subject to assessment; and
  11. Clarification on the wording and application of both additional costs under Part 36 and increased costs under rule 45.13(2) where one or more Claimants are jointly entitled to one set of costs under Rule 45.5.

As the fixed costs regime continues to be applied in practice, we expect that further amendments and clarifications to the rules will be made. 

Please note any reference to legislation is true as at the date of this article being published. Please always consult the current legislation and/or guidance. If you wish to bring a claim or are involved in litigation, please do not hesitate to contact our solicitors at disputeresolution@curzongreen.co.uk