header-logo header-logo

17 January 2025
Issue: 8100 / Categories: Legal News , Family , Divorce , Costs , Mediation , ADR
printer mail-detail

NLJ this week: Costs warning for family practitioners

203908
The family courts are increasingly ready to impose costs orders as a result of poor behaviour or misleading evidence, say Stowe Family Law senior associates Siobhan Vegh and Natalie Nero, and solicitor Rebecca Sutton. Writing in this week’s NLJ, Vegh, Nero and Sutton talk us through a recent example, the divorce and financial remedies case, NW v BH.

The authors, who represented the applicant wife in the case, highlight that, in April 2024, updates to the Family Procedure Rules 2010 aimed at emphasising the importance of non-court dispute resolution (NCDR) ‘also introduced new court powers when it comes to cost sanctions, both for failure to engage in NCDR, but—importantly for this discussion—for litigation misconduct’.

Consequently, family practitioners need to be on guard, especially in more acrimonious disputes, that clients with hurt feelings don’t end up hurting their pockets. 
Issue: 8100 / Categories: Legal News , Family , Divorce , Costs , Mediation , ADR
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll