Litigation tactics

Iller, Martin

Litigation tactics - 2006 - Solicitors' Journal 150(15) 21 April 2006, 490-491(2) .

New costs rules in family proceedings provide that the court will not require one party to pay the costs of another party unless it considers it is appropriate to do so because of the conduct of that party. The consequence is that offers made in negotiations expressed to be without prejudice save as to costs (known as Calderbank offers) will no longer be admissible. Considers the history of Calderbank offers and the likely impact of the new rules, including the future of without prejudice negotiations.


CIVIL PROCEDURE RULES PART 43
FAMILY PROCEEDINGS (AMENDMENT) RULES 2006
CALDERBANK LETTERS
WHITE V WHITE