Consultation in relation to the treatment of Calderbank offers when determining issues relating to costs

Overview

The Family Procedure Rule Committee (FPRC) established a judicially-led working group (the Costs Working Group) in November 2018 to undertake a review, and to engage in ‘blue sky thinking’ in relation to the functioning of the current costs regime in financial remedies cases, and, where appropriate, to make recommendations for reform of the Family Procedure Rules 2010 (FPR 2010).

One key area concerned encouraging parties to engage reasonably and responsibly in settlement negotiations. As part of this, the FPRC is considering whether the FPR 2010 should be amended to enable any the offers which are made “without prejudice save as to costs” (known as Calderbank offers) to be taken into account as “conduct” when the court is considering making an order requiring one party to pay the costs of another party. The FPRC would welcome views on this matter.