header-logo header-logo

03 July 2026 / David Burrows
Issue: 8168 / Categories: Features , Family , Costs
printer mail-detail

Capping the costs (Pt 2)

253823
© Getty images
David Burrows examines financial provision costs rules & vires of the rule makers
  • This article questions whether the Family Procedure Rules Committee may have exceeded its statutory powers in creating the financial remedy costs regime in FPR 2010 r 28.3, particularly the presumption against costs orders and the exclusion of Calderbank (without prejudice save as to costs) offers, because the rule-making powers granted by the Courts Act 2003 do not clearly permit alteration of substantive law.

Twenty-five years on, the trouble the then Lord Chancellor, Lord MacKay, went to to ensure that his Civil Procedure Act 1997 (CPA 1997) contained the powers he wanted it to have was considered in the article ‘Reflections on the Burrows amendment…’, 171 NLJ 7951, p11. Then (late 1996), it was assumed that family proceedings would still be regulated by civil proceedings rules (ie the replacement of Rules of Supreme Court 1965 (RSC) and County Court Rules 1981) in the Civil Procedure Rules 1998).

This article asks: what powers (vires) do family

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force
Landlords cannot rely on minor procedural defaults to defeat leaseholders’ right to manage (RTM) claims, the Supreme Court has held
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
back-to-top-scroll