Financial proceedings

General principles

In financial remedy proceedings, additional rules govern the exercise of the court’s discretion in determining costs. These rules apply only to specified financial remedy proceedings.

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.3(5) provides that the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party, however, it may do so at any stage of the proceedings where it considers it appropriate because of the conduct of a party (whether before or during the proceedings), having regard to:

1. •

   any failure by a party to comply with FPR 2010, any order of the court or any relevant practice direction

2. •

   with effect from 29 April 2024, any failure by a party, without good reason, to:

   1. ◦

      attend a mediation information and assessment meeting (MIAM), as defined in FPR 2010, SI 2010/2955, 3.1, or

   2. ◦

      attend non-court dispute resolution

3. •

   any open offer to settle made by a party

4. •

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

5. •

   the