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How do you pitch open and without prejudice offers in the post FPR, r 9.27A landscape?

Date:5 DEC 2023
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Abigail Bennett JMW

Within this article Abigail Bennett in-house Counsel at JMW Solicitors considers the most effective ways to pitch open and without prejudice proposals for settlement within financial remedy cases.

Abigail looks specifically at the evolution of the approach to offers on settlement in family proceedings from the Calderbank era up until the introduction of new costs rules in July 2020.

Abigail debates the timing of open offers pursuant to the ‘new’ rules and reflects on the content of open proposals in view of the stance the judiciary have taken in recent cases. Abigail uses her experience and insight as both a practitioner and Deputy District Judge to explain why she believes; parties often need more time to formulate offers post FDR than is currently prescribed within the FPR.

Abigail also discusses the nuances in pitching offers and provides practical advice on the factors that should be taken into consideration the key elements of a proposal and how these should be executed for both open and without prejudice proposals.

The full article has published in the October issue of here.