The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains the principles applied in relation to costs in children proceedings (private and public) and the limited circumstances in which an order for costs may be made. The general position is that it is unusual for the court to make a costs order in children proceedings, although such proceedings are subject to the general rule that the court may at any time make such order as to costs as it thinks just. Key areas for consideration are:
key case law
case law examples where costs orders were made
costs against non-parties, and
specific considerations in public children proceedings
The underlying reasons why costs orders are unusual in children cases are that such orders:
will reduce the funds available to meet the needs of the family
are likely to increase tension between the parties, which would not be in the best interests of the child, and
may deter a party from taking court proceedings
Where one party intends to apply for an adverse costs order on the basis of the other party's unreasonable conduct, they should give that party sufficient notice of their intention to do so.
In children proceedings there is no application of the general rule that costs will follow the event. Express statutory provision for this is made in the Family Procedure Rules
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234