(b) in the case of a party who is legally represented, that they have been discussed with the party on whose behalf they are provided. 

(6) Each party must bring to a hearing or appointment a copy of any estimate of costs filed and served in accordance with paragraph (1), (2) or (3) and any particulars of costs filed and served in accordance with paragraph (4). 

(7) The amount of— 

(a) a costs estimate filed and served in accordance with paragraph (1), (2) or (3); and 

(b) particulars of costs filed and served in accordance with paragraph (4), 

must be recorded in a recital to the order made at the hearing or appointment before which the estimate or particulars were filed or served. 

(8) If a party fails to comply with paragraph (1), (2), (3) or (4)— 

(a) this fact must be recorded in a recital to the order made at the hearing or appointment before which the costs estimate or particulars of costs should have been filed and served; and 

(b) the court must direct that the relevant costs estimate or particulars of costs must be filed with the court and served on each other party within three days of the hearing or appointment or within such other time period as the court directs. 

(Rule 28.3 makes provision for orders for costs in financial remedy proceedings.) 

(Practice Direction 9A makes provision for statements of truth to be included in estimates of costs and particulars of costs filed and served in accordance with this rule.)”. 

## Insertion of new rule 9.27A 

13.  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.”. 

## Amendment of the heading to rule 9.28 

14.  For the heading to rule 9.28 (duty to make open proposals) substitute— 

## “Duty to make open proposals before a final hearing ”. 

## Amendment of rule 12.1 

15.  In rule 12.1 (application of this Part), after paragraph (2) insert— 

“(3) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).”. 

