Q&As

What is the regime on costs for an application to vary a school fees order? Do Calderbank or without prejudice save as to costs letters have any use?

read titleRead full title
Published on LexisPSL on 15/12/2017

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

  • What is the regime on costs for an application to vary a school fees order? Do Calderbank or without prejudice save as to costs letters have any use?

What is the regime on costs for an application to vary a school fees order? Do Calderbank or without prejudice save as to costs letters have any use?

CPR 44.2(2) provides that if the court decides to make an order about costs, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party (costs will ‘follow the event’), but the court may make a different order. The rule under CPR 44.2(2), ie that costs follow the event, is expressly excluded from family proceedings by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1).

FPR 2010, SI 2010/2955, 28.1 provides that the court may at any time make such order as to costs as it thinks just.

The general rule, and starting point, under FPR 2010, SI 2010/2955, 28.3(5) is that in financial remedy proceedings the court will not make an order requiring one party to pay the costs of another party. This is known as the ‘no order as to costs’ provision. However, consideration should be given as to whether or not the proceedings fall within the definition of ‘financial remedy proceedings’ in accordance with FPR 2010, SI 2010/2955, 28.3. If the proceedings fall:

  1. within FPR 2010, SI 2010/2955, 28.3 there is a strong presumption of no order as to costs and 'without prejudice', or Calderbank letters marked

Related documents:

Popular documents