Costs in Ancillary Relief Proceedings: Set the Clock Back?

District Judge Chris Lethem

On the 3 April 2006 a quiet revolution stole into the world of costs with the introduction of r 2.71(4) of the Family Proceedings Rules which applies to ancillary relief proceedings. Costs shifting as between the parties was abolished save for cases where the conduct of a party requires the unusual step of making a costs order. Concurrently r 2.71(6) abolished offers made without prejudice on the Calderbank principles. This article explores the effect of the decisions in Judge v Judge [2008] EWCA Civ 1458, [2009] 1 FLR 1287 and Baker v Rowe [2009] EWCA Civ 1162, [2010] 1 FLR (forthcoming) and suggests that costs orders in their pre-2003 form are alive and well in cases which might often be considered to be ancillary relief proceedings.

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