FRCs – Disbursements and The Non-Fixed Costs Elements
With the extended fixed recoverable costs (FRC) regime now well into its second year of operation, practitioners are becoming more familiar with its implications. However, grey areas remain—especially regarding disbursements and those elements of cost that fall outside the scope of fixed fees. This article explores those variable components, how the CPR deals with them, and what points of contention may arise in practical terms.
The Amount of Fixed Costs
CPR r.45.50(3) – Intermediate Track – Table 14, Stage 1 (from pre-issue up to and including the date of service of the defence):
“(3) The costs to be awarded for stage S1 are subject to assessment up to a maximum of the figure shown for stage S1 in Table 14, except in a claim for personal injuries where the figure shown is fixed.”
This sub-rule introduces an important nuance: while fixed costs apply, in these circumstances they are subject to assessment, meaning that unless the parties agree, an element of judicial discretion remains. In other words, even in an ostensibly fixed-costs regime, there’s room for argument—particularly in non-PI claims.
| Table 14 | ||||
| Complexity Band | Complexity Band | Complexity Band | Complexity Band | |
| Stage | 1 | 2 | 3 | 4 |
| S1 From pre-issue up to and including the date of service of the defence | £1,652 + an amount equivalent to 3% of the damages | £5,162 + an amount equivalent to 6% of the damages | £6,607 + an amount equivalent to 6% of the damages | £9,601 + an amount equivalent to 8% of the damages |
The Amount of Fixed Costs: Capped but Not Always Agreed
These costs are essentially capped by reference to the FRC tables, but that does not mean they are automatically awarded. Instead, they must be assessed—either agreed upon by the parties or determined by the court, typically through provisional assessment (if under £75,000 in value).
What this means in practice:
- A statement of costs or a bill of costs will still be required.
- Parties should be prepared for costs assessment proceedings, albeit streamlined ones.
- The distinction between fixed, capped, and assessed costs remains a fertile ground for dispute—especially in transitional cases or where case allocation has shifted.
Disbursements
The overarching principle is that disbursements are not a free-for-all—they must either fall into an approved category or be otherwise justifiable as reasonably incurred within the bounds of CPR r.45. The permitted scope depends on the track and the type of claim.
1. Disbursement relating to Soft Tissue Injury & Whiplash Injury (RTA)
In claims arising from soft tissue or whiplash injuries in RTAs, the CPR has imposed strict controls. Under CPR r.45.62, only certain disbursements are recoverable—and they are fixed in amount.
The rationale is to prevent excessive or duplicated costs in cases that are, by nature, meant to be lower value and straightforward.
Examples include:
- Fixed fees for medical reports
- Limits on engineering evidence
- Capped fees for record retrieval
This is a heavily codified area and leaves little room for argument or variation. Any attempt to recover additional or unusual disbursements will almost certainly be met with resistance unless it clearly falls within a permitted exception.
2. Disbursements relating to all Other Claims under FRC (Non-Whiplash/Soft Tissue)
Where the FRC rules apply but the claim does not arise from soft tissue or whiplash injury, the court retains limited discretion under CPR.r.45 to allow certain types of disbursements. However, non-listed disbursements are excluded entirely.
This makes knowing the specific allowable disbursements crucial.
3. Disbursements in RTA/EL/PL Pre-Action Protocol Claims (Section IV – CPR r.45.58)
Permissible disbursements in these cases (non-fixed in amount unless soft tissue or whiplash) include:
- Medical records and reports per protocol
- Non-medical expert reports as permitted
Court fees, including:
- Part 21 issues (protected parties)
- Urgent limitation-avoidance issue
- Stage 3 hearing fees
- Telephone hearing provider costs
RTA-specific items:
- Engineer’s report
- DVLA and MID database searches
- Other reasonable disbursements based on case features or Rule requirements
Note: Even though these are not fixed in amount, proportionality and necessity will be key. Courts are likely to scrutinise these carefully, especially where claim value is low or the disbursement appears duplicative.
To read the final part of this article covering disbursements in the Fast Track and Intermediate Track please visit the FRCConnect Knowledge Hub. If you are not an FRCConnect member then you can join now for free by clicking here.
