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.
The general principles are:
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
the general rule that costs follow the event is specifically disapplied in family proceedings, but in some circumstances the CPR will apply
in financial remedy proceedings the court will not make an order as to costs, save in specified circumstances
costs orders in children cases are rare, although within the discretion of the court, and
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,...
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