The Association of Costs Lawyers (ACL) has set out its opposition to the Ministry of Justice’s proposed reforms to the fixed recoverable costs (FRC) regime. These reforms, set for implementation next April, have drawn criticism from the ACL on various fronts.
A central issue of contention is the “nominal” recoverable fees proposed for costs-only proceedings, which the ACL believes do not accurately reflect the actual work required. This criticism aligns with the ACL’s broader view that the Ministry’s approach is “piecemeal and unreasonable,” raising serious concerns about access to justice and the adequacy of the proposed fees.
One key recommendation from the ACL is to delay the implementation of the new rules until at least April 2024, emphasizing the need for more comprehensive reforms.
The ACL has consistently opposed additional FRCs, fearing they will hinder access to justice. They also call for a comprehensive review of costs provisions in the Solicitors Act 1974, echoing the Master of the Rolls’ view last year.
Concerns about timing
The ACL has taken issue with the six-month gap between the implementation of the new FRC regime and the proposed changes, w