The Family Proceedings (Amendment) Rules 2006
Citation, commencement and interpretation
1.
(1)
These Rules may be cited as the Family Proceedings (Amendment) Rules 2006 and shall come into force on 3rd April 2006.
(2)
Amendments to the 1991 Rules
2.
In the arrangement of rules—
(a)
omit the entries relating to—
(i)
rule 2.69;
(ii)
rule 2.69B; and
(iii)
rule 2.69D; and
(b)
3.
In rule 2.45(5) and (5A) and rule 2.51B(1), for “2.70”, on each occasion it appears, substitute “2.71”.
4.
“(e)
in considering whether to make a costs order under rule 2.71(4), must have particular regard to the extent to which each party has complied with the requirement to send documents with Form E; and”.
5.
“(1)
Subject to paragraph (2), at every hearing or appointment each party must produce to the court an estimate in Form H of the costs incurred by him up to the date of that hearing or appointment.
(2)
Not less than 14 days before the date fixed for the final hearing of an application for ancillary relief, each party must (unless the court directs otherwise) file with the court and serve on each other party a statement in Form H1 giving full particulars of all costs in respect of the proceedings which he has incurred or expects to incur, to enable the court to take account of the parties' liabilities for costs when deciding what order (if any) to make for ancillary relief.”.
6.
Omit rules 2.69, 2.69B and 2.69D.
7.
“Costs orders2.71.
(1)
CPR rule 44.3(1) to (5) shall not apply to ancillary relief proceedings.
(2)
CPR rule 44.3(6) to (9) apply to an order made under this rule as they apply to an order made under CPR rule 44.3.
(3)
In this rule “costs” has the same meaning as in CPR rule 43.2(1)(a) and includes the costs payable by a client to his solicitor.
(4)
(a)
The general rule in ancillary relief proceedings is that the court will not make an order requiring one party to pay the costs of another party; but
(b)
the court may make such an order at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).
(5)
In deciding what order (if any) to make under paragraph (4)(b), the court must have regard to—
(a)
any failure by a party to comply with these Rules, any order of the court or any practice direction which the court considers relevant;
(b)
any open offer to settle made by a party;
(c)
whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
(d)
the manner in which a party has pursued or responded to the application or a particular allegation or issue;
(e)
any other aspect of a party’s conduct in relation to the proceedings which the court considers relevant; and
(f)
the financial effect on the parties of any costs order.
(6)
No offer to settle which is not an open offer to settle shall be admissible at any stage of the proceedings, except as provided by rule 2.61E.”.
8.
In rule 10.27(1)—
(a)
in sub-paragraph (b), for “.” substitute “; and”; and
(b)
“(c)
CPR rule 44.3(1) and (3) to (5) shall not apply to an application to which rule 2.71 (ancillary relief: costs) applies.”.
9.
In Appendix 1A—
(a)
for Form H substitute Form H (Estimate of Costs (Ancillary Relief)) as set out in the Schedule to these Rules; and
(b)
after Form H insert Form H1 (Statement of Costs (Ancillary Relief)) as set out in the Schedule to these Rules.
Transitional provision
10.
(1)
The 1991 Rules shall apply to—
(a)
an application for ancillary relief made in a petition or answer before these Rules come into force;
(b)
an application for ancillary relief made in Form A before these Rules come into force (no such application having been made in the petition or answer); or
(c)
as if these Rules had not been made.
(2)
The 1991 Rules shall also apply to an application of a kind mentioned in paragraph (1) which is made after these Rules come into force but is heard by the court at the same time as an application to which paragraph (1) applies, as if these Rules had not been made.
SCHEDULE
These Rules amend the Family Proceedings Rules 1991 (“the 1991 Rules”) to make provision about the costs of ancillary relief proceedings.
Rule 6 omits the existing rules about costs in such proceedings and rule 7 inserts a new rule 2.71 into the 1991 Rules which sets out a new general rule that the court will not make a costs order in ancillary relief proceedings unless it is appropriate to do so because of the conduct of one of the parties in relation to them. Paragraph (5) of the new rule 2.71 sets out the factors which the court must have regard to before making a costs order under the new rule.
Rule 5 substitutes a new rule 2.61F of the Family Proceedings Rules and requires the completion of a costs estimate at interim hearings (Form H) and the completion of a detailed statement of costs at any final ancillary relief hearing (Form H1).
Rules 2, 3, 4, 8 and 9 make changes consequential to the other changes made by these Rules. Rule 10 provides that the new rules about costs in ancillary relief proceedings only apply to proceedings commenced after these rules come into force.