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Costs in Family Cases
Webinar Recording -
19th June, live at 3pm
David Burles, 1GC Family Law
Matthew Brunsdon-Tully, Forsters
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'
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.
Making a Costs Application / Costs Estimates
Detailed assessment - Costs Orders 'on account'
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