Fixed Recoverable Costs UK, How Much You Can Recover, Bands, Tables and Exceptions, 2026
- Mar 22
- 3 min read
Fixed Recoverable Costs, FRC, determine how much legal costs can be recovered in many civil claims in England and Wales.
In practice, disputes frequently arise over whether Fixed Recoverable Costs apply, which complexity band is correct and how much can actually be recovered. These issues can significantly increase or reduce costs exposure and are often central to litigation strategy.
This article explains how the modern FRC regime operates, including the intermediate track, cost tables and the situations where fixed costs may be challenged.
What Are Fixed Recoverable Costs
Fixed Recoverable Costs are a structured system of predetermined legal costs that apply to many civil claims. Instead of detailed assessment, recoverable costs are set by reference to:
claim value
procedural stage reached
track allocation
complexity band
The expansion of the FRC regime means that many claims which were previously subject to detailed assessment now fall within fixed cost structures.
The Expansion of the FRC Regime
The reforms extended fixed costs to a much wider range of claims, including many cases valued up to £100,000.
The intention was to promote:
predictability
proportionality
cost control
However, the expansion has also created new areas of dispute, particularly where there is disagreement over whether a case properly falls within the FRC framework.
The Intermediate Track and Complexity Bands
One of the most important developments is the introduction of the intermediate track, which sits between the fast track and multi-track.
Cases within this track are assigned to complexity bands, which determine the level of recoverable costs at each stage of litigation, including:
issue
post-defence
case management
trial preparation
trial
For a detailed breakdown, see: Intermediate Track Fixed Recoverable Costs
Fixed Recoverable Costs Tables
The FRC regime relies on structured tables that set out recoverable costs depending on:
claim value
track
complexity band
stage reached
These tables are often the starting point when assessing likely costs exposure.
You can view the full tables here: Intermediate Track Costs Table
Part 36 and Fixed Costs Strategy
The interaction between Part 36 offers and FRC is now a key strategic issue.
In particular:
the timing of acceptance
the stage reached in proceedings
can materially affect the level of recoverable costs.
In some cases, late acceptance of a Part 36 offer may limit recovery to an earlier stage of fixed costs.
See our analysis: Part 36 and Fixed Recoverable Costs, Paying Party Lessons
When Fixed Recoverable Costs Become Disputed
Although FRC is intended to simplify costs recovery, disputes frequently arise in practice.
Common issues include:
whether the claim properly falls within the FRC regime
incorrect track allocation
disputes over complexity banding
whether exceptions to fixed costs apply
These issues can have a significant financial impact, particularly where a case may fall outside the fixed costs regime entirely.
Many of these disputes are resolved in: Detailed Assessment and Costs Disputes.
When Fixed Recoverable Costs Do Not Apply
There are still situations where costs are not fixed and may be subject to detailed assessment.
These include:
claims exceeding FRC thresholds
cases allocated to the multi-track
arguments based on exceptional complexity
costs falling outside the scope of the fixed regime
Where this happens, recoverable costs are assessed based on reasonableness and proportionality, often leading to more complex disputes.
The Continuing Role of Costs Specialists
Even within a fixed costs regime, specialist advice is often required where disputes arise.
This is particularly relevant where there are issues involving:
allocation to the correct track
complexity band challenges
scope of recoverable costs
interaction with Part 36
recoverability of disbursements
Early advice on these issues can significantly affect both litigation strategy and overall costs exposure.
Conclusion
Fixed Recoverable Costs are now a central feature of civil litigation in England and Wales.
While the regime provides structure and predictability, it also introduces new areas of dispute, particularly around allocation, banding and exceptions.
Understanding how FRC operates, and when it may be challenged, is essential for effectively managing costs risk.
When to Get Help With Fixed Recoverable Costs
While many cases fall neatly within the FRC regime, issues often arise where:
the correct complexity band is disputed
allocation to the intermediate track is challenged
a case may fall outside fixed costs entirely
Part 36 consequences affect recoverable costs
In these situations, costs exposure can change significantly.
