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David Burrows considers when costs can be limited or capped in family proceedings appeals
- When can family proceedings appeal court costs be limited or capped—on application—by the appellate courts?
- What are the different types of family proceedings which may attract appellate costs capping?
- To what extent can the ‘reprehensible or unreasonable behaviour’ of any litigant in any family proceedings be treated as a criterion for award of costs?
This first article in a short series on family proceedings costs looks mostly at the powers of an appellate court to limit or otherwise to cap a respondent’s liability to costs on a family proceedings appeal. Part 2 raises the question of powers (vires) of rule makers to modify common law rules on court award of financial provision costs.
A broad definition of the main categories of ‘family proceedings’ (excluding Hague Convention cases) is:
- Children proceedings predominantly under Children Act 1989 (ChA 1989) Parts 2 (private law) and 4 and 5 (public law) and wardship.
- Financial provision proceedings (which the Family Procedure Rules 2010 (FPR 2010) call by the non-statutory term
