Funding ancillary relief cases: the new costs rules

Margaret Hatwood Associate Thomas Eggar Solicitors. The Family Proceedings Rules 1991 were amended last year by the Family Proceedings (Amendment) Rules 2006 (SI 2006/352) (the 2006 Rules) to limit the court's power to make costs orders unless they relate to the conduct of one of the parties to the proceedings. This change in rules may lead to a greater observation of the Law Society's family law protocol and it is possible if this is the case that there will be a lessening of costs litigation following family proceedings.

There have been various attempts both judicially and through legislation (never enacted) to provide for a power to award interim lump sums in respect of legal costs in these cases. When similar costs rules to the 2006 Rules were introduced some time ago in Australia the power to order interim lump sums was also given to the courts. The lack of such a power here means that in the absence of a conduct based costs order the wealthier party is in a better position to litigate. Where once legal aid was available to the petitioner with no...

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