This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Discover what costs are recoverable in public liability claims in England and Wales, including fixed recoverable legal costs, disbursements such as expert fees and court costs, and how compensation for injury‑related losses works in civil litigation under the Civil Procedure Rules.
A public liability claim arises when someone suffers injury or loss because of a person's, organisation's or business's negligence in a public place or in circumstances where the defendant owes a duty of care. Beyond the compensation for injury and losses, one of the common questions in such claims is: what costs can a claimant recover from the other side? This article sets out the types of costs that may be recoverable in England and Wales, how the recovery process works under the Civil Procedure Rules, and practical considerations for claimants and defendants.
1. Overview of the Recoverable Costs Regime
In civil litigation in England and Wales, the starting principle is that “costs follow the event” - the losing party is usually ordered to pay the winning party's costs. Costs are intended to indemnify the successful party for expenses reasonably incurred in pursuing or defending a claim, rather than to penalise the paying party.
Since 1 October 2023, most civil cases, including personal injury claims such as public liability, are subject to a fixed recoverable costs (FRC) regime under the Civil Procedure Rules (CPR Part 45). Under this regime, the amount of legal costs that can be recovered by the successful party from the losing party is fixed by reference to tables in CPR Part 45 and the associated Practice Direction. Fixed costs apply primarily to claims valued up to £100,000 and are influenced by the stage at which the claim settles or concludes, and by the case's assigned track (e.g., fast track or intermediate track).
2. Legal Costs: Fixed Recoverable Costs
If a public liability claim is allocated to the fast track or intermediate track, the defendant typically pays fixed recoverable costs for the claimant's legal representation rather than the full amount the claimant actually paid to their solicitor. These fixed costs are calculated in accordance with the tables set out in Practice Direction 45 that correspond to the stage of the litigation (pre‑issue settlement, post‑issue settlement, trial, etc.).
Fixed costs vary depending on:
- Claim value (e.g., under or over £10,000).
- When the claim settles (before proceedings, after issue, post allocation, before trial, or at trial).
- Complexity bands for claims between £25,000 and £100,000.
Where a claim is allocated to the Small Claims Track (generally for disputes under £10,000 inclusive of personal injury and public liability losses), the prevailing position is that each party bears its own legal costs without recovery from the other side, except very limited items such as court fees, travel expenses and witness allowances.
3. Disbursements and Additional Recoverable Expenses
In addition to fixed legal costs, disbursements are typically recoverable where permitted by CPR Part 45, and courts may allow the following items if they are reasonably incurred:
Court Fees
Fees paid to issue or progress proceedings may be claimed from the losing party.
Expert Reports and Evidence Costs
Fees for medical, engineering or other expert reports necessary to prove liability or injury may be recoverable. These may include the cost of obtaining medical records and specialist reports.
Specialist Advice and Counsel/Fee Costs
Where the cost of counsel or specialist advice is reasonably incurred as part of the claim, it can be recoverable as a disbursement under CPR Part 45. Courts will assess whether such work was necessary and proportionate.
Witness Expenses
Reasonable expenses incurred by witnesses - including travel costs for attending hearings and loss of earnings for time taken off work to attend court - may be recoverable.
4. Recoverable Losses and Damages in Public Liability Claims
While costs refer to the legal and procedural expenses of litigation, claimants in public liability cases also recover compensation for losses arising from the injury or incident itself. These may include:
- Loss of earnings for time unable to work or reduced earning capacity.
- Medical expenses such as treatment, rehabilitation, therapy and travel to appointments.
- Care and assistance costs - help with daily living tasks as a result of injury.
- Special equipment or adaptations required because of injury.
These financial losses are part of the special damages in personal injury claims and are calculated separately from the costs of bringing the claim.
5. Practical Considerations
a. Fixed Costs Does Not Always Cover Full Legal Fees
Under the FRC regime, a claimant may not recover the full amount they paid to their solicitors if that amount exceeds the fixed recoverable costs permitted under CPR Part 45. Fixed recovery is designed to balance proportionality and access to justice.
b. Exceptional Circumstances
If the court considers there are exceptional circumstances, it may allow costs above the fixed amounts. Claimants and defendants should clearly articulate why additional costs were necessary and proportionate.
c. Small Claims Track Limitations
In the Small Claims Track (typically under £10,000), legal and expert costs are generally not recoverable except in limited situations such as necessary court fees, travel costs and limited witness expenses. This is to reduce cost risk for litigants.
6. Risks and Strategic Implications
- Track allocation (Small Claims vs Fast Track vs Intermediate) significantly affects recoverable costs. Parties should assess the likely track and strategy accordingly.
- Settlement timing influences fixed costs entitlement. Settling earlier typically yields lower recoverable costs.
- Proportionality remains central - only costs that are reasonable and proportionate to the claim's value and complexity are recoverable.
7. Conclusion
In public liability claims in England and Wales, recoverable costs include fixed recoverable legal costs (as prescribed under CPR Part 45) and disbursements such as court fees, expert reports, specialist advice, witness expenses and loss of earnings for attendance at hearings. Whether a claim falls under the Small Claims Track or is assigned to a higher track influences the extent of recoverable costs. Separately, claimants may recover special damages for losses arising from the incident itself.
Understanding the interactions between litigation costs, track allocation and disbursements is crucial for claimants and defendants. Prospective litigants should obtain guidance on the likely recoverable costs and how they influence the overall risk and value of a claim.
