A low-key change to procedure means courts are more likely to make a costs order against a party who litigates unreasonably, write Rebecca Dziobon & Gemma Reading
- Costs in financial remedy proceedings and the amendment to PD 28A para 4.4.
On 27 May 2019, there was a change made to the Family Procedure Rules 2010 (FPR) Practice Direction 28A para 4.4 as to the approach of the court when considering the conduct of the parties. This change went largely unnoticed, but its implications are that it is more likely that a court will make a costs order against a party who litigates unreasonably. This change will be welcomed by reasonable litigants and their legal advisers seeking to keep financial proceedings proportionate and on track for settlement.
The no order as to costs principle
FPR rule 28.1 provides that the court may at any time make such an order as to costs as it thinks just.
The general stating point under FPR 28.3(5) is that in financial remedy proceedings the court will not make an order requiring one party
