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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.
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This work provides commentary, checklists, procedural guides and precedents on the subject in a...