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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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