The Law Society has welcomed the latest move to assess the impact of reforms widening the scope of civil cases subject to fixed recoverable costs - but expressed concern at the tight deadline for submissions. The fixed costs regime was extended in October 2023 to cover most cases with a value up to £100,000. 

Announcing an interim implementation stocktake last week, the Civil Procedure Rule Committee invited feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice. The consultation exercise will be followed by the MoJ’s full post implementation review into the fixed recoverable costs regime, due to begin next year. The deadline for responses is 5 January 2026.

Society vice president Brett Dixon said: 'The review of the fixed recoverable costs regime is a welcome opportunity to assess how the reforms are working in practice since their rollout. We previously raised concerns about the regime being extended to encompass virtually all areas of civil law and the need for further guidance in support of the new rules.

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'There also remains a concern that the most vulnerable users of the court do not receive the same protections if caught by this scheme, as they would outside of it,' he said. 'This consultation provides a chance to evaluate whether those concerns have materialised. Any issues identified must be acted on swiftly to ensure the regime continues to support fair access to justice.'

However the Society is concerned at the short deadline for responses, Dixon said. 'It coincides with the call for evidence for the whiplash review [announced by the government last week] and includes the Christmas break. We hope this gives government enough time to gather enough responses.'