Fixed recoverable costs in personal injury claims: tracks, bands and exceptions

The general principle in civil litigation in England and Wales is that the losing party pays the successful party's legal costs. Where fixed recoverable costs apply, the court may award only the fixed amount in the relevant table, neither more nor less, unless both parties have expressly agreed otherwise. The Civil Procedure Rules were changed from 1 October 2023 to extend fixed costs to most civil claims on the fast track and to a newly created intermediate track.

This guide explains which injury claims the extended rules cover, the tracks, the complexity bands and the exceptions, based on the rules published as of 28 September 2026. It does not list the cost figures, which are in Practice Direction 45 and can change. It is general information, not legal advice.

Which injury claims the October 2023 rules cover

Rule 2 of the Civil Procedure (Amendment No. 2) Rules 2023 sets the start date. The changes to allocation, complexity bands, directions and costs apply only to claims issued on or after 1 October 2023. For a claim that includes personal injury, other than a disease claim, they apply only where the cause of action accrues on or after 1 October 2023. For a disease claim, they apply only if no letter of claim was sent before 1 October 2023. The government's 2021 response described these as cases where the accident or cause of action arises after the start date.

Claims outside those dates stay under the earlier rules, which have no intermediate track. The explanatory memorandum says fixed costs already existed in most personal injury claims for damages up to £25,000, while in most other cases costs were agreed or assessed by the judge at the end of the case. The fixed costs for claims in the road traffic, employers' liability and public liability portals were kept.

The four tracks for injury claims

When a claim is defended, the court allocates it to a track. For claims within the October 2023 changes, rule 26.9 sets the normal track, and the court assesses the value itself, disregarding any amount not in dispute, interest, costs and any contributory negligence.

The rule 26.10 cases include accidents before 31 May 2021, claimants who are children or protected parties when proceedings start, and claimants who were pedestrians, cyclists, motorcyclists or pillion passengers, horse riders, or using a wheelchair or mobility scooter. A child's road accident claim that includes a whiplash injury normally goes to the fast track instead (rule 26.11).

Claims that must go to the multi-track

Rule 26.9(10) lists claims that must be allocated to the multi-track, so fixed recoverable costs never apply to them:

• mesothelioma and other asbestos lung disease claims;
• clinical negligence claims, unless the claim would normally be allocated to the intermediate track and the defendant admitted liability in full in its letter of response under the clinical disputes protocol, without raising a limitation defence;
• claims for harm, abuse or neglect of or by children or vulnerable adults;
• claims the court could order to be tried by a jury;
• claims against the police for an intentional or reckless tort or under the Human Rights Act 1998, but not road accidents caused by negligent police driving, employer's liability claims or accidental falls on police premises; and
• claims against a public authority for trespass to the person, unless the court decides that is not in the interests of justice.

The government said in its 2021 response that low value clinical negligence cases should be subject to fixed costs once a bespoke regime has been confirmed by the Department of Health and Social Care.

Complexity bands for injury claims

On the fast track and the intermediate track, the court also assigns one of four complexity bands, which decides the costs allowed under Table 12 or Table 14. On the fast track, Table 1 in rule 26.15 normally places road traffic accident injury claims that are or should have been started under the RTA Protocol, and package travel injury claims, in band 2; road traffic accident injury claims outside the RTA Protocol, and employer's liability (accident) and public liability injury claims, in band 3; and employer's liability disease claims other than noise induced hearing loss, and any fast track claim that is nonetheless complex, in band 4. Noise induced hearing loss claims on the fast track have their own table of fixed costs and are not banded.

On the intermediate track, Table 2 in rule 26.16 puts claims with only one issue in dispute and a trial not expected to last longer than a day in band 1, injury accident claims where liability and quantum are both in dispute in band 2, noise induced hearing loss and other employer's liability disease claims in band 3, and injury claims with serious issues of fact or law in band 4.

The parties may agree the band on their directions questionnaires, but the court can direct a different one. A claim can later move band only if circumstances change, and an intermediate track claim that has had directions can be reallocated only for exceptional reasons.

When costs can differ from the fixed amount

Part 45 allows limited departures from the tables:

• the court may allow more where there are exceptional circumstances (rule 45.9);
• it may allow more where a vulnerable party or witness required extra work that alone makes the costs claimed at least 20% higher than the fixed costs; if the assessed costs are less than 20% higher, the lower of the fixed and assessed costs is paid (rules 45.10 and 45.11);
• if a party behaved unreasonably, meaning conduct with no reasonable explanation, the other side can ask for the costs to be reduced or increased by an amount equal to 50% of the fixed costs (rule 45.13);
• a litigant in person throughout generally recovers no more than two-thirds of the fixed costs (rule 45.4); and
• where a Part 36 offer is accepted, or not beaten at trial, rules 36.23 and 36.24 apply instead (rule 45.15).

The fixed costs in Sections VI, VII and VIII of Part 45 do not apply where a party is a protected party, meaning someone who lacks capacity to conduct the proceedings. The amounts used are those in the tables on the date proceedings are issued.

What fixed costs mean for claimants

Fixed costs work both ways: if a defendant is awarded costs in a claim covered by the fast track, intermediate track or hearing loss rules, it too is limited to the fixed costs and permitted disbursements (rule 45.6). In injury claims, qualified one-way costs shifting still limits whether those costs can be enforced against you; our guide to ATE insurance explains that protection.

Fixed costs limit what the other side pays towards your legal costs. Before you sign a funding agreement, ask your solicitor how any difference between the costs recovered and their charges will be dealt with. Our guides to no win no fee agreements, small claims and the claim process explain the wider picture.

Frequently asked questions

Related guides: small claims for injury, the claim process, the OIC portal, hearing loss claims and medical negligence claims.

Official sources used for this guide: Civil Procedure Rules, Part 26; Civil Procedure Rules, Part 45; Civil Procedure (Amendment No. 2) Rules 2023; Explanatory Memorandum to the 2023 rules; Civil Procedure Rules, Part 27; GOV.UK: Extending Fixed Recoverable Costs, Government Response. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.