Intermediate Track Fixed Recoverable Costs: Band 1–4 Figures Explained
- 4 hours ago
- 3 min read
The Intermediate Track Fixed Recoverable Costs regime applies to many civil claims valued between £25,000 and £100,000. Within this system, recoverable costs are determined by Complexity Band allocation, which places the case within Band 1 to Band 4. Each band has its own fixed costs grid, determining the level of recoverable costs at every stage of litigation. Because the difference between the lowest and highest bands can be substantial, understanding the actual figures allowed within each band is essential when assessing litigation exposure or settlement strategy.
For a detailed explanation of how courts decide band allocation, see our guide to Intermediate Track Complexity Bands.
How Fixed Recoverable Costs Work in the Intermediate Track
Under the Fixed Recoverable Costs (FRC) regime, the amount of recoverable costs does not depend on the time spent by solicitors or the hourly rates charged.
Instead, costs are determined by a prescribed table set out in the Civil Procedure Rules, with figures varying according to:
The Complexity Band
The stage reached in the litigation
Whether the claim proceeds to trial
This means that band allocation directly determines the costs available to the successful party.
Intermediate Track Complexity Bands
Intermediate Track claims are allocated to four complexity bands.
Band | Typical case type |
Band 1 | Simplest cases with limited issues |
Band 2 | Standard litigation such as many RTA or personal injury claims |
Band 3 | Moderately complex disputes including NIHL or complex employer’s liability |
Band 4 | Most complex Intermediate Track cases including professional negligence or substantial property disputes |
Higher bands allow significantly greater recoverable costs at each stage.
For a full explanation of band allocation see: Intermediate Track Complexity Bands.
Intermediate Track Fixed Recoverable Costs by Band
Below is an overview of typical recoverable costs available at key stages of litigation.
(Figures are simplified examples for explanatory purposes and may vary depending on claim value and stage progression.)
Band 1 – Simplest Intermediate Track Cases
Typical recoverable costs:
Litigation Stage | Typical Recoverable Costs |
Pre-issue | ~£8,000 |
Post-issue to allocation | ~£10,000 |
Pre-trial preparation | ~£12,000 |
Trial advocacy fee | ~£6,000 |
Band 1 cases generally involve straightforward disputes with limited evidence and short trials.
Band 2 – Standard Intermediate Track Claims
Typical recoverable costs:
Litigation Stage | Typical Recoverable Costs |
Pre-issue | ~£9,500 |
Post-issue to allocation | ~£12,000 |
Pre-trial preparation | ~£15,000 |
Trial advocacy fee | ~£7,500 |
Band 2 represents the most common band for Intermediate Track litigation.
Band 3 – More Complex Intermediate Track Disputes
Typical recoverable costs:
Litigation Stage | Typical Recoverable Costs |
Pre-issue | ~£11,000 |
Post-issue to allocation | ~£15,000 |
Pre-trial preparation | ~£19,000 |
Trial advocacy fee | ~£9,500 |
Band 3 cases often involve significant expert evidence or multiple contested issues.
Band 4 – Most Complex Intermediate Track Cases
Typical recoverable costs:
Litigation Stage | Typical Recoverable Costs |
Pre-issue | ~£13,000 |
Post-issue to allocation | ~£18,000 |
Pre-trial preparation | ~£23,000 |
Trial advocacy fee | ~£11,000 |
Band 4 cases represent the highest level of complexity permitted within the Intermediate Track.
Why These Figures Matter
Because costs are fixed under the regime, the Complexity Band assigned to the case becomes critically important.
The difference between Band 1 and Band 4 can result in:
Substantially higher trial advocacy fees
Greater recoverable litigation costs
Increased settlement leverage
For that reason, disputes about band allocation have become a central tactical issue in civil litigation.
When Disputes Arise About Costs
Even within a fixed costs regime, disputes can still arise regarding:
The correct complexity band
Whether certain work falls inside or outside the FRC regime
Application of the correct costs grid
Recovery of additional costs not covered by fixed tables
These issues frequently arise during costs assessment proceedings. Learn more about our Detailed Assessment Paying Party Services.
Strategic Importance of Early Costs Advice
Because band allocation determines the entire recoverable costs structure, early strategic advice can be critical.
Specialist costs advice may assist with:
Challenging incorrect complexity band allocation
Assessing Fixed Recoverable Costs exposure
Advising on settlement strategy
Handling disputes arising during detailed assessment
SPH Costs regularly advises on Fixed Recoverable Costs disputes, complexity band allocation and assessment strategy. Learn more about our Paying Party Costs Lawyer Services.
Frequently Asked Questions About Intermediate Track Fixed Recoverable Costs
Are Intermediate Track costs always fixed?
Yes. In most cases the Civil Procedure Rules prescribe fixed costs that apply regardless of the time spent by solicitors.
Do higher complexity bands allow higher costs?
Yes. Each complexity band has a separate costs grid, meaning higher bands allow significantly greater recoverable costs.
Can parties dispute the band used to calculate costs?
Yes. Band allocation can be contested at the allocation stage and may become an issue during costs disputes later in the litigation.
Do all claims between £25,000 and £100,000 fall into the Intermediate Track?
No. Cases must also meet criteria relating to trial length, expert evidence and complexity. Some cases within this value range may still be allocated to the Multi-Track.
Related Guide
For a full explanation of how courts decide band allocation see: Intermediate Track Complexity Bands.
