Written statement on Civil Justice Update - Mar 28

David Gauke (Lord Chancellor and Secretary of State for Justice): The Ministry of Justice is today publishing a consultation paper Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson’s proposals. We are seeking views on implementing the proposals in Sir Rupert Jackson’s report on fixed recoverable costs (FRC) in civil cases in England and Wales, published on 31 July 2017.

In civil litigation in England and Wales, the winning party is generally entitled to recover their costs from the losing party. The legal costs of civil cases have, however, been too high and too uncertain for a long time, making litigation riskier and less accessible than it should be and thereby undermining access to justice.

FRC are a way of controlling the legal costs of civil litigation in advance by prescribing the amount of money that can be recovered by the winning party at set stages of litigation. They reduce overall costs, keep them proportionate and enhance access to justice. They are already an important part of our justice system in lower value personal injury cases and the time is right to consider their extension.