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27 October 2023 / Sophie Houghton
Issue: 8046 / Categories: Features , Procedure & practice , Costs
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Part 36: Costs control

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Sophie Houghton reviews Part 36 offers & their role in maximising costs recovery in fixed costs cases
  • The importance of Part 36 offers for both claimants and defendants in fixed costs cases and the need for both parties to carefully consider and keep under review any Pt 36 offers which are on the table and therefore capable of acceptance.

The long awaited, and much talked about, extension of fixed recoverable costs (FRC) has come into force and will apply to most civil cases that are issued on or after 1 October 2023 (except for personal injury cases where it applies if the cause of action accrued on or after 1 October 2023 and for disease cases where it applies if the letter of claim was sent on or after 1 October 2023). There has already been plenty of debate about the amount of fixed costs that can be recovered under the FRC regime and whether this amount is likely to be less than the actual costs involved in bringing or defending

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NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
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