Family Proceedings (Costs) Rules 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1832 |
| Year | 1991 |
1991 No. 1832 (L.25)
FAMILY PROCEEDINGSSUPREME COURT OF ENGLAND AND WALESCOUNTY COURTS
The Family Proceedings (Costs) Rules 1991
Made 2nd August 1991
Laid before Parliament 16th August 1991
Coming into force 14th October 1991
We, the authority having power under section 40(1) of the Matrimonial and Family Proceedings Act 19841to make rules of court for the purposes of family proceedings in the High Court or county courts, in the exercise of the powers conferred by the said section 40, and of all other powers enabling us in that behalf, hereby make the following rules–
1.—(1) These rules may be cited as the Family Proceedings (Costs) Rules 1991 and shall come into force on 14th October 1991.
(2) In these rules, the “principal rules” means the Family Proceedings Rules 19912, and expressions used in these rules have the same meanings as in those rules.
2.—(1) Subject to the following provisions of this rule, these rules shall apply for the taxation of costs in family proceedings instituted before, on or after 14th October 1991.
(2) The Matrimonial Causes (Costs) Rules 19883(except rule 10 and Schedule 2), with the modifications specified in rule 3 below, shall have effect as if those rules were part of these rules and shall apply for the taxation of costs in proceedings–
(a)
(a) under the Children Act 19894; or
(b)
(b) of any kind (and whenever commenced) with respect to which rules made under section 50 of the Matrimonial Causes Act 19735applied immediately before the commencement of these rules.
(3) The taxation of costs in all family proceedings other than those mentioned in paragraph (2) above shall be taxed–
(a)
(a) where the proceedings are in the High Court, in accordance with RSC Order 62; and
(b)
(b) where the proceedings are in a county court, in accordance with CCR Order 38.
(4) These rules shall not apply to the extent that regulations made under the Legal Aid Act 19886determine the amount of costs payable to legal representatives in relation to family proceedings.
3. For rules 15 and 16 of the Matrimonial Causes (Costs) Rules 1988, as applied by these rules, there shall be deemed to be substituted the following–
“Personal liability of legal representative for costs
15.—(1) (a)
15.—(1) (a) Where the court decides to make an order under section 51(6) of the Supreme Court Act 19817disallowing wasted costs or ordering a legal representative to meet such costs or part of them, it shall, subject to paragraph (4), specify in the order the costs which are to be so disallowed or met, and make such other order as it thinks fit;
(b)
(b) before proceeding under sub-paragraph (a), the court may direct a district judge to inquire into the matter and report to the court.
(2) When conducting an inquiry pursuant to a direction under paragraph (1)(b), the district judge shall have all the powers and duties of the court under paragraphs (6) and (7) of this rule; and references in those paragraphs and paragraphs (4) and (5) to the court include references to the district judge.
(3) Instead of proceeding under paragraph (1) of this rule the court may refer the matter to a district judge, in which case the district judge shall deal with the matter under paragraphs (2) and (3) of rule 16.
(4) No order may be made under the said section 51(6) unless the court has given the legal representative a reasonable opportunity to appear and show cause why an order should not be made.
(5) The court shall not be obliged to give the legal representative a reasonable opportunity to show cause where proceedings fail, cannot conveniently proceed or are adjourned without useful progress being made because the legal...
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