It is one year on since the implementation of the ‘Intermediate Track’ to the fixed recoverable costs in October 2023, meaning there is now an additional fourth track to the pre-existing three tracks already in place.

With the new claims tracks now looking like this:

• Small Claims Track – less than £10,000
• Fast Track – between £10,000 and £25,000
• Intermediate Track – between £25,000 and £100,000
• Multi-Track – £100,000 plus (previously £25,000 plus)

The new intermediate track will cover less complex claims valued at more than £25,000 but not more than £100,000 where the trial should last no more than three days. Whereas previous fixed cost regimes only applied to limited areas of personal injury claims up to £25,000 in value, the changes that were introduced in October 2023 apply to almost all types of civil claims of up to £100,000.

It will likely be another year or two before the dust settles and there is a clear picture, however there have been a few trends so far since the introduction last year, these being:

• An influx of fast track claims submitted before the introduction to escape the FRC regime
• Earlier & clearer proposals of Alternative Dispute Resolution
• Less reliance on counsel in fast track claims
• An increase in commercial proposals to expedite cases whilst still in uncertain territory with the new regime

As always fixed recoverable costs continues to be a contentious issue between parties and the adding of the intermediate track hasn’t yet provide total clarity.