Proposed Ancillary Relief Costs Rules

David Burrows, Solicitor and Advocate. New costs rules in ancillary relief proceedings are due to come into operation on 6 April 2006. They were trailed by Nigel Shepherd at [2005] Fam Law 933 and by a consultation paper containing the draft rules (Costs in Ancillary Relief Proceedings and Appeals in Family Proceedings CP(L)29/04) the consultation ending in December 2004 (the appeals section is yet to see further light of day). As widely anticipated, the rules seek to prevent the use of the formula used in joint privilege (Calderbank) correspondence. Although, at the time of writing, the new Rules are not yet published, the article outlines the anticipated new rule and looks at it in the context of the existing rules. See March [2006] Fam Law 218 for the full article.

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