The Family Proceedings (Miscellaneous Amendments) Rules 1999

Costs in Family Proceedings

4.—(1) Order 38 of the County Court Rules 1981 and Order 62 of the Rules of the Supreme Court 1965 shall not apply to the assessment of costs in family proceedings and proceedings in the Family Division, and Parts 43, 44 (except rules 44.9 to 44.12), 47 and 48 of the Civil Procedure Rules 1998(1) (“the 1998 Rules”) shall apply to the assessment of costs in those proceedings, with the following modifications:–

(a) in rule 43.2(1)(c)(ii) of the 1998 Rules, “district judge” includes a district judge of the Principal Registry of the Family Division;

(b) rule 44.3(2) of the 1998 Rules (costs follow the event) shall not apply.

(2) The Family Proceedings (Costs) Rules 1991(2) are revoked.

(3) This rule applies to any assessment of costs that takes place on or after 26th April 1999, but so that, as a general rule, no costs for work done before that date shall be disallowed if they would have been allowed on taxation before that date.

(1)

S.I. 1998/3132; as amended by S.I. 1999/1008.

(2)

S.I. 1991/1832.