Q&As

Summary assessment form for expert costs in private child cases

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 25 October 2018

Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law children proceedings? If not, how will the court make an assessment of what the parties’ contributions should be?

Within proceedings brought under section 8 of the Children Act 1989 for a child arrangements order, specific issue order and/or prohibited steps order, there are a range of expert reports that might be appropriate, for example a report by a child and adolescent psychiatrist. When a party considers that an expert is appropriate in a particular case, an application should be made to the court having regard to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 25. Such an application should be made no later than the first hearing dispute resolution appointment (FPR 2010, SI 2010/2955, 25.6) and the application should detail how it is proposed that the costs of the expert are covered.

The general approach is that when an order is made for a single joint

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
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Key definition:
Summary assessment definition
What does Summary assessment mean?

The procedure by which a court, when making an order about costs, orders a party to pay a determined amount of money rather than fixed costs or costs subject to detailed assessment.

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