Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

05 FEB 2010

Costs in Ancillary Relief Proceedings: Set the Clock Back?

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 [2008] EWCA Civ 1458, [2009] 1 FLR 1287 and Baker v Rowe [2009] EWCA Civ 1162, [2010] 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 [2010] Family Law journal.

To log on to Family Law Online or to request a free trial click here.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters