Open Offers

Costs and Calderbank Offers: The Current Landscape

[2026] 2 FRJ 107. What can be done to protect clients from escalating costs arising from uncooperative behaviour and inflexible positions? This article considers considers costs orders, the extent to which Calderbank offers still serve a purpose, and practical considerations for practitioners.

Costs in Needs Cases: Persistent Reluctance

[2026] 2 FRJ 111. Courts remain reluctant to make costs orders in needs cases notwithstanding significant reform in recent years. This should change.

Open Offers: Achieving More or Seeking Less

Open Offers: Achieving More or Seeking Less

The obligation on parties to negotiate openly and reasonably within financial remedy proceedings – and the consequences of not doing so – are well known. They were perhaps set out most clearly in OG v AG [2021] 1 FLR 1105 per Mostyn J: ‘[31] It is important that I enunciate this principle