Fixed recoverable costs

Question 1

explain fixed recoverable costs and how the amount payable is determined

Answer 1

= amount of costs which can be recovered is pre-fixed by the CPR

Amount recoverable depends on the complexity band + when the case concludes

Question 2

how does fixed recoverable costs apply to costs following an interim application?

Answer 2

If the court makes an order for costs, the amount recoverable is detailed in the CPR + court fee

Question 3

can an amount exceeding the FRC regime be ordered?

Answer 3

yes, if a party successfully applies and/or if one party has behaved unreasonably

Question 4

when will a claim for costs exceeding FRC be granted and how will the costs be assessed?

Answer 4

Granted in exceptional circumstances.

The court will summarily assess or order detailed assessment

Question 5

what is unreasonable behaviour and what are the consequences?

Answer 5

A party can apply for fixed costs to be increased/decreased by 50% for unreasonable conduct

Unreasonable behaviour = conduct with no reasonable explanation