Costs in Ancillary Relief Proceedings: Set the Clock Back?

05 FEB 2010

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