Costs

Practice notes

Calderbank offers in family proceedings

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...

26th Apr

Practice notes

Costs in financial proceedings

General provisionsThe court may make, at any time, such order as to costs as it thinks just.By virtue of the Family Procedure Rules 2010 (FPR 2010),...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 23rd Apr

Practice notes

Costs in family proceedings

General principlesThe relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and FPR 2010, PD 28A....

Produced in partnership with David Salter of Deputy High Court judge and Recorder 21st Apr

Practice notes

Assessment of costs

This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr

Practice notes

Wasted costs

Misconduct and wasted costs ordersA wasted costs order is an order:•that a legal representative pay a sum (either specified or to be assessed) in...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr

Practice notes

Implications of legal aid

Failure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and a client’s potential...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr

Practice notes

Security for costs in family proceedings

The provisions for security for costs in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6 provide that a respondent to any application may...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr

Q&As

In circumstances where the Cafcass officer in private law children proceedings was unable to remain at the final hearing to give evidence due to personal circumstances, and Cafcass subsequently failed to send an officer to the adjourned hearing, can the parties make a claim for costs incurred against Cafcass and if so what is the procedure? Would this be a stand alone application, or made within the Children Act 1989 application, with Cafcass being joined as a party on the question of costs?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides that the court may make any order in respect of costs that it thinks just at any...

Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb

Q&As

Can the costs or court fees of the detailed assessment process be included in the bill of costs?

The relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and the related Practice Direction, FPR...

13th Feb

Q&As

At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?

On an uncontested application for a matrimonial order, the applicant may apply for their costs. Respondents may not wish to challenge the application...

13th Feb

Q&As

Can an order for costs in divorce proceedings be set aside?

It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own costs. While the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

What is the procedure to withdraw an application for a financial order after the first appointment has taken place, and what are the costs consequences of doing so?

The only general provision in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 relating to withdrawal appears in FPR 2010, SI 2010/2955, 29.4,...

Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

Q&As

Can the magistrates court or lay justices make a costs order in children act proceedings? What is the authority?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 disapply the costs provisions under CPR 44 which provide for the starting point on costs to...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?

Where a party is legally aided, qualified costs protection arises. The provisions are now found in section 26 of the Legal Aid, Sentencing and...

13th Feb

Q&As

What types of costs orders can be made in family proceedings?

What are the key costs provisions for family proceedings?The main costs provisions for family proceedings are set out in Part 28 of the Family...

13th Feb

Q&As

What is the procedure to pursue costs following an order made on pronouncement of decree nisi where costs cannot be agreed?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(3), provides that in divorce proceedings:'If the applicant has applied for costs, the court...

27th Jan

Q&As

In divorce proceedings an order for costs was made against the respondent. A consent order was subsequently made and stated to be in full and final satisfaction of all claims including legal costs, including the divorce proceedings. Can the petitioner still enforce the costs order made in the divorce proceedings against the respondent?

If a financial remedy order makes no specific order in relation to the costs of the divorce suit, and the only reference to costs in the financial...

Produced in partnership with Nicholas Starks of St Ives Chambers 25th Jan

Practice notes

Costs in public law children proceedings

General principlesIn children proceedings the general rule that costs will follow the event does not apply. Express statutory provision is made in the...

17th Jan

Q&As

Is the court’s permission required for an applicant to withdraw their application for a financial remedy within a week of the final hearing of that application? What would be the consequences of withdrawing the application at such a late stage?

The rules relating to the withdrawal of an application in proceedings are contained in the Family Procedure Rules (FPR 2010), SI 2010/2955,...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

Q&As

When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 28.3(1) states that: ‘Rule 44.2(1), (4) and (5) of the CPR do not apply to financial...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

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