Assessment of costs

Copyright © 2025 LexisNexis
Produced in partnership with David Salter
Practice notes

Assessment of costs

Copyright © 2025 LexisNexis

Produced in partnership with David Salter

Practice notes
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This Practice Note provides guidance on the assessment of Costs in family proceedings, including Summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the Authority to assess and when, and the procedure to deal with Points of dispute and default costs certificates. It is primarily concerned with inter partes costs. For further practical guidance on solicitor and own client costs, see Practice Note: Client care—family law — Costs.

Private costs

The court will decide whether private costs should be assessed on either the:

  1. •

    standard basis—whereby costs will be allowed that are proportionate to the matters in issue, with any doubt as to whether they were reasonably incurred or reasonable and proportionate being resolved in favour of the paying party, with the court having regard to all the circumstances

  2. •

    indemnity basis (rare)—where any doubt as to whether costs are reasonably incurred or reasonable in amount is resolved in favour of the receiving party, consequently the amount recoverable under an indemnity costs order is significantly higher,

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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