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Costs in Family Cases

Webinar Recording -

19th June, live at 3pm


Presented by

David Burles, 1GC Family Law (about our presenter)

Matthew Brunsdon-Tully, Forsters (about our presenter)

Duration of recording - 1 hour

Agenda (subject to adjustment)

FPR 2010 – General Application

CPR Costs rules not applied to “family proceedings”

The “no order as to costs” regime

The Three Regimes

Proceedings that are not 'Family Proceedings' at all

Family Proceedings that are NOT “financial remedy proceedings” but are proceedings “in relation to financial remedy proceedings

The Factors relating to Costs under the 'Clean Sheet'

Family Proceedings that ARE Financial Remedy Proceedings (but for first instance only and subject to exceptions)

The Applications excluded from the 'No Order - general rule'

FPR 9.7(1)

The relevant factors under r 28.3(6) & (7)

The Practice Direction – PD 28A

Attitude to negotiation / failure to litigate reasonably

Refusal to Mediate / N-CDR

Litigation misconduct costs cases

Open Offers and a Look at early open offers that;

a.     State that complete information is not all fully available but will be expensive to obtain,

b.     Offers a pragmatic / 'fair' solution, and

c.     Reserves the right to withdraw the proposal down the litigation line.

d.     Offer protection from the revised PD 28A.

Calderbank Offers

Making a Costs Application / Costs Estimates

Summary Assessment

Detailed assessment - Costs Orders 'on account'

Costs Estimates

Assessment - Proportionality

Standard and Indemnity Costs

Security for Costs  

Financial Remedy – Outstanding Costs - The General Approach

Striking Disparity in Costs

Legal Services Payment Orders – Costs Allowance Orders  

LSPO / Costs Allowance