General principles

In family proceedings, the relevant costs provisions are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28, together with FPR 2010, PD 28A. Certain parts of the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 also apply to family proceedings with modifications.

General principles

The general principles are:

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subject to other specific provisions, the court has discretion as to costs, ie it may make such order as to costs as it thinks just
•
the general rule that costs follow the event is specifically disapplied in family proceedings, but in some circumstances the CPR will apply
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in financial remedy proceedings the court will not make an order as to costs, save in specified circumstances
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costs orders in children cases are rare, although within the discretion of the court, and
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when making an order for costs the judge should clearly state their reasons for doing so

A costs order may be made for a proportion of the costs or a stated amount, or in relation to a distinct part of the proceedings.

Rarely,

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