New Attack on Access to Justice for Seriously Injured Clients

Further Extension of Fixed Costs

It was announced on 18th November 2022 that the fixed recoverable costs regime would not be extended to include larger serious injury multi-track cases until October 2023 : if you have a serious injury the claim time is now!

Claim Time is now for Serious Injury: Call Claim Today 0800 29 800 29

Fixed costs set out the amount of legal costs that can be recovered by Injured people in litigation.. This means that in cases that fall within the fixed cost regime, the court will order that the Insurance company only has to pay a specific fixed amount of costs, which are fixed. This means your case is funded by mixed costs and therefore limits the work some Solicitors will do, however at Claim Today we don’t put any limit on the claim time and will do all the work necessary for a successful outcome.

In Personal Injury fixed costs apply to:

  • Road traffic accident (RTA) claims that settled prior to the issue of proceedings;
  • Claims under the Pre-action Protocols for low value personal injury claims in RTAs and low value personal injury (employer’s liability accident at work and public liability tripping fall cases (EL/PL)) claims.
  • Claims which no longer continue under/have exited the RTA and EL/PL Pre-action Protocols and claims to which the Pre-action Protocol for resolution of package travel claims applies. Again, CPR 45.29B and CPR 45.29D sets out that the fixed costs provided for in those rules do not apply to multi-track cases;
  • Personal injury claims below the small claims limit in RTAs;

What is proposed?

For serious injury cases with a higher Value : Court Rules  CPR 45.29B and CPR 45.29D clarify that the fixed costs provided for in those rules do not apply to multi-track cases; This means your Solicitor can recover all time spent on serious injury cases. This is the current law but the Insurance companies are trying to change it to fixed costs to limit the time a Solicitor can spend on your serious injury case.

Therefore the claim time is now, if you have as serious injury call 0800 29 800 29 to speak directly to a Senior Solicitor (not a call centre Operator)

In June 2019, the government influenced by the Insurance industry – big business held a consultation on extending fixed costs in Personal Injury and other cases in England and Wales.

The key recommendations were for:

  • Extension of fixed recoverable costs to the whole of the fast track, these are personal injury cases value between £10,000 – £25,000
  • A new  track for fixed costs cases above the fast track to catch serious injury cases up to £100,000. This would only apply to cases of “modest complexity” which could be tried in three days or less, with no more than two expert witnesses giving oral evidence on each side. This would limit a Solicitors work for serious injury clients
  • Establishment of a working party to develop a new track for clinical negligence claims up to £25,000

On 6th September 2021, the Ministry of Justice responded by saying

Following Sir Rupert’s recommendation, the Government believes that a simplified scheme of costs, such as fixed recoverable costs, has the advantages of (i) reducing actual costs (through a simpler procedure); (ii) ensuring that costs are proportionate; and (iii) controlling costs in advance, which promotes both certainty and discipline and encourages earlier settlement. In principle, then, this is what our new fixed recoverable cost schemes seek to deliver, and in doing so, they will enhance access to justice.”

The Ministry of Justice has confirmed that fixed recoverable costs will be extended to cover;

  1. all claims valued at up to £25,000.
  2. In addition, the fast track will also be extended to include non-complex claims valued at between £25,000 and £100,000, with fixed recoverable costs
  3. Overall, the proposals are to extend fixed recoverable costs to most serious injury cases valued up to £100,000.

The reforms will have a negative and lasting impact on a number of serious injury cases, which means the claim time is now if you have had a serious injury – don’t delay call claim today 0800 29 800 29

These new changes could come into place by April 2023, although it is believed actual implementing of the rule changes could be October 2023 due the need to install new Court rules.


It is clear Government is being influenced by big business and the desire of Insurance companies to save more costs and make greater profit – not passed on in lower insurance premiums. Injury Lawyers say the proposals risk driving the best specialist lawyers out of serious injury work if the fixed costs are too low and will leave litigants to represent themselves or do more of the case work.

What this means for seriously injured clients is the claim time is now and any delays in making a claim may see your higher value serious injury case caught by the new fixed costs.

If you have been unfortunate to suffer a serious injury after an accident on the road, at work or any public place please call 0800 29 800 29

or WhatsApp +44 7901 558 530


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