Q&As

Do costs always follow the event on an application for maintenance pending suit?

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Published on LexisPSL on 28/06/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Do costs always follow the event on an application for maintenance pending suit?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides as a general rule that ‘The court may at any time make such order as to costs as it thinks just’.

There are additional rules governing the exercise of the court’s discretion in determining costs, ie FPR 2010, SI 2010/2955, 28.3(5) provides that in financial remedy proceedings the court will not make an order requiring one party to pay the costs of another party, however, it may do so at any stage of the proceedings where it considers it appropriate because of the conduct of a party (whether before or during the proceedings). However, that rule only applies to specified financial remedy proceedings and is specifically disapplied in relation

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