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Costs in Family Proceedings

Speaker: Sapna Shah
Date: Spring 2024

FAMILY

Sapna is a family law barrister of 15 years’ experience specialising in aspects of private children law and financial relief. Sapna combines her deep knowledge of the law with a key ability to get to the root of problems. In any dispute, particularly those involving financial relief, Sapna looks to settle matters before advising clients to go the court route, to save time and money and unnecessary stress. She has well-honed skills in negotiating agreements between the parties in dispute.

In this presentation, Sapna outlines the mechanics of managing cost orders in family proceedings. She outlines relevant case law, explaining when circumstances may lead to the issuing of cost orders. She provides a useful suggested checklist to prepare for costs.

Key Words/Topics

FPR Part 28 & PD28A

Re T [2005] EWCA Civ 311

Timokhina V Timokin [2019] EWCA 1284

Exceptional circumstances

C v S [2022] EWHC 800 (Fam)

Re S (Leave to Remove: Costs) [2009] EWHC 3120 (Fam)

Re B (Costs) [1999] 2 FLR 221.

A Mother v A Father [2023] EWFC 105

Re N ( A Child) v A and Others [2010] 1 FLR 454 

Re T (Care Proceedings) (Costs) [2012] UKSC 36

Re A and B (Parental alienation: No 3) [2021] EWHC 2602 (Fam) 

Fact find hearings

“Unnecessary” application

Re B (a Child) (Unnecessary Private Law Applications) [2020] EWFC 844

See Judge v Judge [2008] EWCA Civ 1458 and Baker v Rowe [2009] EWCA Civ 1162 

AS v RS[2024] EWFC 32 B

Matrimonial and Family Proceedings Act 1984 (MFPA 1984)

AS V RS [2024]

Glover V Barker [2020] EWCA 1112; Y V Z [2023] EWFC 205

YC v ZC [2022] EWFC 137

WG V HG [2018] EWFC 84

Azarmi-Movafagh V Bassiri-Dezfouli [2021] EWCA Civ 1184

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