Family Law Titles
We cover a variety of subject areasView All Publications
District Judge Chris Lethem
On the 3 April 2006 a quiet revolution stole into the world of costs with the introduction of r 2.71(4) of the Family Proceedings Rules which applies to ancillary relief proceedings. Costs shifting as between the parties was abolished save for cases where the conduct of a party requires the unusual step of making a costs order. Concurrently r 2.71(6) abolished offers made without prejudice on the Calderbank principles. This article explores the effect of the decisions in Judge v Judge  EWCA Civ 1458,  1 FLR 1287 and Baker v Rowe  EWCA Civ 1162,  1 FLR (forthcoming) and suggests that costs orders in their pre-2003 form are alive and well in cases which might often be considered to be ancillary relief proceedings.
To read the rest of this article, see March  Family Law journal.
To log on to Family Law Online or to request a free trial click here.
"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P