Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers

The following Family practice note produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Introduction to costs in proceedings subject to the Civil Procedure Rules 1998 for family lawyers
  • General principles of costs
  • Applications to which the CPR costs rules may apply
  • Fixed costs
  • Costs budgets
  • Basis of assessment
  • Statement of costs

There are a number of circumstances in which the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 will apply to proceedings conducted by family lawyers, as opposed to the costs provisions of the Family Procedure Rules 2010 (FPR 2010) SI 2010/2955. These will include claims made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) and by incorporation some aspects of financial remedy proceedings. It is therefore important for family practitioners to be aware of the general costs rules contained within the CPR.

General principles of costs

Section 51(1) of the Senior Courts Act 1981 (SCA 1981) provides that the costs which are in the discretion of the court are the costs of and incidental to all proceedings. The court has a discretion as to:

  1. whether costs are payable by one party to another

  2. the amount of those costs, and

  3. when those costs are to be paid

The general rule is that if the court decides to make an order as to costs, the unsuccessful party will be ordered to pay the costs of the successful party, but the court may make a different order. The general rule does not apply to proceedings in the Court of Appeal on an application or appeal from proceedings in the Family Division

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