The Family Proceedings (Amendment) Rules 2006

Amendments to the 1991 Rules

7.  After rule 2.70, insert—

“Costs orders

2.71.— (1) CPR rule 44.3(1) to (5) shall not apply to ancillary relief proceedings.

(2) CPR rule 44.3(6) to (9) apply to an order made under this rule as they apply to an order made under CPR rule 44.3.

(3) In this rule “costs” has the same meaning as in CPR rule 43.2(1)(a) and includes the costs payable by a client to his solicitor.

(4) (a) The general rule in ancillary relief proceedings is that the court will not make an order requiring one party to pay the costs of another party; but

(b) the court may make such an order at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).

(5) In deciding what order (if any) to make under paragraph (4)(b), the court must have regard to—

(a) any failure by a party to comply with these Rules, any order of the court or any practice direction which the court considers relevant;

(b) any open offer to settle made by a party;

(c) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;

(e) any other aspect of a party’s conduct in relation to the proceedings which the court considers relevant; and

(f) the financial effect on the parties of any costs order.

(6) No offer to settle which is not an open offer to settle shall be admissible at any stage of the proceedings, except as provided by rule 2.61E.”.