General principles

In family proceedings, the relevant costs provisions are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28, together with FPR 2010, PD 28A. Certain parts of the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 also apply to family proceedings with modifications.

General principles

The general principles are:

  1. •

    subject to other specific provisions, the court has discretion as to costs, ie it may make such order as to costs as it thinks just

  2. •

    the general rule that costs follow the event is specifically disapplied in family proceedings, but in some circumstances the CPR will apply

  3. •

    in financial remedy proceedings the court will not make an order as to costs, save in specified circumstances

  4. •

    costs orders in children cases are rare, although within the discretion of the court, and

  5. •

    when making an order for costs the judge should clearly state their reasons for doing so

A costs order may be made for a proportion of the costs or a stated amount, or in relation to a distinct part of the proceedings.

Rarely,...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Family News
View Family by content type :  

Popular documents