Part 36 offers and Fixed Recoverable Costs – can a party contract out of FRC?

Perhaps one of the most talked about aspects of the most recent reforms (and, let’s be honest, they are not that recent, but yet still remain a controversial topic) has been Fixed Recoverable Costs (“FRC”). Like them (paying parties, mostly) or loathe them (receiving parties, again mostly), far from providing the clarity that they were hoped and intended to do, they have proven fertile ground in which to plant the seeds of required further interpretation and clarification which, with varying degrees of enthusiasm, the Court of Appeal has sought to gather in the resulting harvest and distribute to the waiting and hungry profession. The latest bounty to be scythed from this rich corner of the

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