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

The Family Procedure Rule Committee established the Costs Working Group in December 2018 to review the functioning of the current costs regime in financial remedies cases and to make recommendations, including amendments to the Family Procedure Rules and supporting Practice Directions. Financial remedies cases are, in essence, cases where parties seek a court order to divide up their assets, liabilities and incomes on a divorce or on a dissolution of a civil partnership.

The FPRC Costs Working Group are particularly keen in encouraging parties to engage reasonably and responsibly in settlement negotiations. Therefore, this consultation seeks views as to whether the FPR 2010 should be amended to enable any 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.