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Family Law

The leading authority on all aspects of family law

18 OCT 2005

Managing Costs - Help from the CPR?

District Judge John Mitchell. Can the experience of courts in civil cases help family courts control costs? District Judge John Mitchell gives example of cases where costs have been high and comments that since the Civil Procedure Rules 1998 (SI 1998/3132) took effect in 1999, courts at all levels have tried to rein in this unruly horse both by case management generally and, more recently, by cost capping. District Judge John Mitchell concentrates on the different types of costs order that can be made and the relevant CPR rules and case law. Most of the time District Judge John Mitchell believes costs can adequately be controlled by active case management, including allocation questionnaires and by ensuring that the parties themselves are made aware of what their lawyers are committing them to. However, there may be cases where capping could usefully be employed and if advisers know that, overenthusiastic expenditure may be curbed. See November [2005] Fam Law 883 for the full article.

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