What are the transitional provisions for Fixed Recoverable Costs?

Question: What are the transitional provisions for Fixed Recoverable Costs?

Answer: The date from which the new fixed costs rules apply depends on the nature of the claim:

• Applies to claims which include a claim for personal injuries, other than a disease claim, where the cause of action accrues on or after 1st October 2023.
• Applies to claims for personal injuries, which includes a disease claim, in respect of which no letter of claim has been sent before 1st October 2023.
• For non-personal injury claims, there is a drafting error in the rules. The rules state that the “amendments only apply to a claim where proceedings are issued on or after 1st October 2023”. The true intention, and presumably how the courts will apply the rules, is that it will apply to any claim other than those where proceedings were issued before 1st October 2023”.