Article 13 Insertion of new rule 9.27A

After rule 9.27 (estimates of costs) insert—

“Duty to make open proposals after a FDR appointment or where there has been no FDR appointment

9.27A.

(1)

Where at a FDR appointment the court does not make an appropriate consent order or direct a further FDR appointment, each party must file with the court and serve on each other party an open proposal for settlement—

(a)

by such date as the court directs; or

(b)

where no direction is given under sub-paragraph (a), within 21 days after the date of the FDR appointment.

(2)

Where no FDR appointment takes place, each party must file with the court and serve on each other party an open proposal for settlement—

(a)

by such date as the court directs; or

(b)

where no direction is given under sub-paragraph (a), not less than 42 days before the date fixed for the final hearing.”.