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Posted 6 June 2019
by Tracy Lambert

Costs in Family Proceedings

Family proceedings

Changes to the Family Proceedings Rules mean that conduct may now have more significance in family cases. On the 27th May 2019 amendments came in to force relating to when a court may order one party to pay the costs of another party.

Generally, in financial remedy proceedings, the usual rule is that each party pays their own legal costs.

The new provisions mean that if one party, either before or during the proceedings, conducts themselves in a manner whereby they have refused to openly negotiate reasonably and responsibly the court can consider making an order for costs against that party. This can also apply where a party has conducted the proceedings so as to cause disproportionate costs to arise.

Accordingly, this reinforces one of the objectives of the court whereby they want to try and get the parties to settle cases without resorting to lengthy and expensive litigation.

It remains to be seen whether these changes will bring about a willingness amongst the Judiciary to make orders for costs.

If you have questions about these amendments or family proceedings please contact our experienced team of family law solicitors on 01392 207020 or by emailing enquiries@tozers.co.uk for your free initial consultation.

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About the author

Tracy Lambert

Partner and Solicitor

Partner based in Exeter's family team