FEES & FIXED COSTS IN FAMILY PROCEEDINGS 9781526503848, 9781526503817, 9781526503831

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FEES & FIXED COSTS IN FAMILY PROCEEDINGS

compiled by A K Biggs formerly of The Court Service

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FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

PART 1: FEES IN FAMILY PROCEEDINGS The fees set out below are derived from the Family Proceedings Fees Order 2008 (as amended) and the fee numbers shown are as in that Order. The fees shown are those in force from 21 March 2016

FEES TO BE TAKEN IN THE HIGH COURT AND IN COUNTY COURTS Fee No

Fee

1

Commencement of proceedings

1.1

On filing an application to start proceedings where no other fee is specified�������������������������������������� £245

1.2

On presenting an application for(a) a decree of divorce made under section 1 of the Matrimonial Causes Act1973; (b) a decree of nullity of nullity made under sections 11 or 12 of the Matrimonial Causes Act 1973 (c) a dissolution order or nullity order made under section 37 of the Civil Partnership Act 2004�������������������������������������������������������������������� £550

1.3

On presenting an application for— (a) a matrimonial or civil partnership order, other than an application for a decree of divorce, a decree of nullity, a dissolution order, nullity order or to which rule 7.7(1) (b) of the Family Procedure Rules 2010 applies, or (b) a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies����������������������������������������������������������������������� £365 Note: Fee 1.3 is payable only once for each declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.

1.4

Omitted

1.5

On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the FPR2010 applies, or making an application to which rule 7.7 (1)(b) of the FPR 2010 applies������������������������������ £95

1.6

On filing an answer to an application for a matrimonial or civil partnership order������������������������ £245

1.7

On applying for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by a client; or on the commencement of costs-only proceedings.������������������� £50

1.8

On an application under section 54 (parental order) of the Human Fertilisation and Embryology Act 2008������������������������������������������������������ £215

3

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

2

Proceedings under the Children Act 1989 or, where specified, the Social Services and Well-being (Wales) Act 2014

2.1

On an application for an order under the following provisions of the Children Act 1989 or, where specified, the Social Services and Well-being (Wales) Act 2014 (a) section 4(1)(c) or (3), 4A(1)(b) or (3) (parental responsibility);���������������������������������������� £215 (b) section 4ZA (1)(c) or (6) (parental responsibility);��������������������������������������������������������� £215 (c) section 5(1) or 6(7) (guardians);����������������������������� £215 (d) section 10(1) or (2) (section 8 orders);������������������� £215 (e) section 11J(2) (enforcement orders);��������������������� £215 (f) section 11O(2) (compensation for financial loss);���������������������������������������������������������� £215 (g) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);���������������������������������������� £215 (h) section 14A(3) or (6)(a), 14C(3) or 14D(1) (special guardianship orders);������������������������������� £215 (i)

section 25 (secure accommodation order);������������ £215

(ia) section 119 of the Social Services and Well-being (Wales) Act 2014 (secure accommodation order);������������������������������������������ £215 (j)

section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);��������������������������������������������������������� £215

(k) section 34(2), (3), (4) or (9) (contact with child in care);������������������������������������������������������������ £215 (l)

section 36(1) (education supervision order);������������������������������������������������������������������������ £215

(m) section 39 (variation or discharge etc of care and supervision orders);�������������������������������� £215 (n) section 43(1) (child assessment order);����������������� £215 (o) sections 44, 45 and 46 (emergency protection orders);��������������������������������������������������� £215 (p) section 48 (warrant to assist person exercising powers under emergency protection order);����������������������������������������������������� £215 (q) section 50 (recovery order);������������������������������������ £215 (r) section 79K (cancellation, variation or removal or imposition of condition of registration of child minder or day carer);����������� £215 (s) section 102 (warrant to assist person exercising powers to search for children or inspect premises);����������������������������������������������� £215 (t) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1(j) (applications in respect of enforcement orders);������������������������������������������������� £95 (u) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);���������������������������������� £95 (v) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children);������������������������������������������������������������������� £215

4

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

(w) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);��������������������������������������������������������� £215 (wa) section 124(1) of the Social Services and Well-being (Wales) Act 2014 (approval of court for child in care of local authority to live abroad);������������������������������������������������������������� £215 (x) paragraph 6 of Schedule 3 (extension of supervision order);�������������������������������������������������� £215 (y) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order)��������������������������������������������������� £215 (z) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting).�������������������������������� £215 2.2

On an application under section 31 of the Children Act 1989 (care and supervision orders)—������������������������������������������������������������������������� £2,055 Notes to fees 2.1 and 2.2: Where an application requires the permission of the court, the relevant fee is payable when the permission is sought but no further fee will be charged if permission is granted and the application is made. Where an application is made or permission is sought under or relating to provisions of the Childr en Act 1989 or, where specified, the Social Services and Well-being (Wales) Act 2014 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable. Where an application is made, permission is sought under or relating to provisions of the Children Act 1989 or, where specified, the Social Services and Well-being (Wales) Act 2014 which are listed in the same numbered fee, the fee is payable only once. Where the same application is made, permission is sought or an appeal is commenced in respect of two or more children, who are siblings or children of the family, only one fee is payable in respect of each numbered fee Notes to fee 2.2 only Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.

2.3

On commencing an appeal in relation to proceedings to which fees listed as 2.1 (a) to (s), (v) to (y) and 2.2 apply����������������������������������������������� £215

2.4

On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order)��������������� £215

2.5

On commencing an appeal under paragraph 3(11) of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (appeal against contribution order)������������������������������� £215

5

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

3

Adoption and wardship applications

3.1

On applying or requesting permission to apply under any provision in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act����������������� £170

3.2

On applying under section 22 of the Adoption and Children Act 2002 (placement order)�������������������� £455

3.3

On applying for the exercise by the High Court of its inherent jurisdiction with respect to children������������������������������������������������������������������������� £170 Notes to fees 3.1, 3.2 and 3.3 Fee 3.1 is payable where an application requires the permission of the court when permission is sought, but no further fee will be charged if permission is granted and the application is made. In relation to fees 3.1 and 3.2, where an application is made or permission is sought at the same time under or relating to provisions of the Adoption and Children Act 2002, only one fee is payable and, if those fees are different, the higher fee 3.2 is payable. In relation to fees 3.1, 3.2 and 3.3, where the same application is made or permission is sought at the same time in respect of two or more children who are siblings or children of the same family, only one fee is payable in respect of each numbered fee.

4

Proceedings under the Children and Adoption Act 2006

4.1

On an application for a warning notice to be attached to a contact order����������������������������������������������� £50 Notes: Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 or, where specified, the Social Services and Well-being (Wales) Act 2014 and the Children and Adoption Act 2006 which are listed in two or more different numbered fees, only one fee is payable. Where the same application is made or permission is sought in respect of two or more children at the same time, and those children are siblings or children of the family, only one fee is payable in respect of each numbered fee.

5

Applications in existing proceedings

5.1

On an application in existing proceedings without notice or by consent except where separately listed in this Schedule������������������������������������ £50 Notes: Fee 5.1 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing. Fee 5.1 is not payable on an application to make a decree or order absolute or final, as the case may be, where the applicant has paid fee 1.2. Fee 5.1 is payable in proceedings under the Children Act 1989 or, where specified, under the Social Services and Well-being (Wales) Act 2014 to which the fees listed at 2.1 apply

6

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

5.2

On an application under rule 7.19 of the FPR 2010 for the court to consider the making of a decree nisi, a conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable)���������������������������������������������������������������������� £50

5.3

On an application in existing proceedings on notice except where separately listed in the schedule����������������������������������������������������������������������������� £155 Note: Fee 5.3 is payable in proceedings under the Children Act 1989 or, where specified, under the Social Services and Well-being (Wales) Act 2014 to which the fees listed at 2.1 apply, except for those at 2.1(t) and (u), where the application fee of £95 is pay

5.4

On the filing of— (a) a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the FPR 2010 applies; or (b) an application for a financial order to which rule 9.4(b) of the FPR 2010 applies, other than an application for a consent order.������������������������������������������������������������������������� £255

6

Appeal from a district judge

6.1

On filing an appeal notice from a district judge, one or more lay justices, a justices’ clerk or an assistant to a justices’ clerk����������������������������������� £125

6.2

On commencing an appeal under section 20 in proceedings under the Child Support Act 1991���������� £165

7

Searches

7.1

On making a search in the central index of decrees absolute or of final orders kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute or of final order, as the case may be�������������������������������������������������������������� £65

7.2

On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act1989 and, if appropriate, providing a copy of the agreement.��������������������������������������������������������������������������� £45

7.3

On making a search in the index of decrees absolute or of final orders kept at any designated county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute or of final order, as the case may be�������������������������������������������������������������� £45

8

Copy documents

8.1

On a request for a copy document (other than where fee 8.2 applies)—

7

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

(a) for ten pages or less and (b) for each subsequent page and (b) for each subsequent page 50p������������������������������������������������� £10 Note: The fee payable under fee 8.1 includes— — where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file. — where a party requests that the court fax a copy of a document from the court file. — where the court provides a subsequent copy of a document which it has previously provided. 8.2

On a request for a copy of a document on a computer disk or in other electronic form, for each such copy�������������������������������������������������������������������� £10

9

Determination of costs

9.1

On filing a request for detailed assessment where the party filing the request is legally aided, is funded by the LSC or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and no other party is ordered to pay the costs of the proceedings�������������������������������������������������� £200

9.2

On filing a request for detailed assessment in any case where fee 8.1 does not apply; or on filing a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed— (a) does not exceed £15,000������������������������������������������ £335 (b) exceeds £15,000 but does not exceed £50,000����������������������������������������������������������������������� £675 (c) exceeds £50,000 but does not exceed £100,000������������������������������������������������������������������ £1,005 (d) exceeds £100,000 but does not exceed £150,000������������������������������������������������������������������ £1,345 (e) exceeds £150,000 but does not exceed £200,000������������������������������������������������������������������ £1,680 (f) exceeds £200,000 but does not exceed £300,000������������������������������������������������������������������ £2,520 (g) exceeds £300,000 but does not exceed £500,000������������������������������������������������������������������ £4,200 (h) exceeds £500,000��������������������������������������������������� £5,600 Where there is a combined standard basis and legal aid, or a combined standard basis and LSC, or a combined standard basis, legal aid and Legal Services Commission determination of costs, fee 9.2 will be attributed proportionately to the standard basis, legal aid or Legal Services Commission (as the case may be) portions of the bill on the basis of the amount allowed.

8

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

9.3

On a request for the issue of a default costs certificate����������������������������������������������������������������������������� £60

9.4

On commencing an appeal against a decision made in detailed assessment proceedings������������������ £210

9.5

On an application to set aside a default costs certificate����������������������������������������������������������������������������£110

10

Registration of maintenance orders

10.1 omitted 10.2 On an application for a maintenance order to be registered under the Maintenance Orders Act 1950 or the Maintenance Orders Act 1958�������������� £50 11

Financial Provision

11.1 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004 on an application for an order for financial provision (other than an application to vary or revoke such an order, or an application for an order for financial provision made for the benefit of, or against, a person residing outside the United Kingdom)������������������������������������������������������� £215 12

Enforcement

12.1 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment, or on an application to which rule 33.3 (2)(b) of the FPR2010 applies������������������������������������������������������������������ £50 12.2 On an application for a third-party debt order or the appointment of a receiver by way of equitable Execution��������������������������������������������������������� £100 Note: Fee 12.2 is payable in respect of each third party against whom the order is sought 12.3 On an application for a charging order£100 Note: Fee 12.3 is payable in respect of each charging order applied for 12.4 On an application for a judgment summons��������������� £100 12.5 On an application for an attachment of earnings order to secure money due under an order made in family proceedings�������������������������������� £100 Notes Fee 12.5 is payable in respect of each defendant against whom an order is sought Fee 12.5 is not payable where the attachment of earnings order is made on the hearing of a judgment summons 13

Enforcement in the family court

13.1 On an application for or in relation to enforcement of a judgment or order by the issue of a warrant of control against goods except a warrant to enforce payment of a fine������������ £100

9

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

13.2 On a request for further attempt at execution of a warrant at a new address where the warrant has been returned to the court not executed (except where the warrant has been returned after it has been suspended by the court)������������������������� £30 13.3 On the issue of a warrant of possession or a warrant of delivery�����������������������������������������������������������£110 Note on fee 13.3: Where the recovery of a sum of money is sought in addition, no further fee is payable 14

Enforcement in the High Court

14.1 On sealing a writ of control/possession/delivery�������������� £60 Note on fee 14.1: Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable 14.2 On a request or application to register a judgment or order; or for permission to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad������������������ £60 15

Service

15.1 On a request for service by bailiff of any document except— (a) an order for a debtor to attend the adjourned hearing of a judgment summons; (b) a claim to controlled, executed or exempt goods; (c) an order made under section 23 of the Attachment of Earnings Act 1971 (enforcement provisions); or (d) an order for a debtor to attend an adjourned oral examination of means (e) an application for (and accompanying documentation), or an order for, or an application to vary, extend or discharge— (i)

a non-molestation order;

(ii) an occupation order; or (iii) a forced marriage protection order, under Part 4 or Part 4A of the Family Law Act 1996; or (f)  an application for (and accompanying documentation), or an order for, or an application to vary or discharge a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003��������������������������������������������������£110 16

Sale

16.1 For removing or taking steps to remove goods to a place of deposit The reasonable expenses incurred Fee 16.1 is to include the reasonable expenses of feeding and caring for animals 16.2 For the appraisement of goods 5p in the £1 or part of a £1 of the appraised value.

10

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Fee No

Fee

16.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods) 15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances. 16.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped (a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 13.1, 13.2 or 13.3.

REMISSIONS AND PART REMISSIONS 1 Interpretation (1) In Schedule 2 to the Fees Order— “child” means a child or young person in respect of whom a party is entitled to receive child benefit in accordance with section 141, and regulations made under section 142, of the Social Security Contributions and Benefits Act 1992; “child care costs” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006; “couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002; “disposable monthly income” has the meaning given in paragraph 5; “excluded benefits” means— (a) any of the following benefits payable under the Social Security Contributions and Benefits Act 1992— (i)

attendance allowance paid under section 64;

(ii) severe disablement allowance; (iii) carer’s allowance; (iv) disability living allowance; (v) constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension; (vi) council tax benefit; (vii) any payment made out of the social fund; (viii) housing benefit; (b) any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003 or the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004; (c) a back to work bonus payable under section 26 of the Jobseekers Act 1995; (d) any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

11

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

(e) any pension paid under the Naval, Military and Air Forces etc (Disablement and Death) Service Pension Order 2006; (f) any payment made from the Independent Living Funds; and (g) any financial support paid under an agreement for the care of a foster child; “the Funding Code” means the code approved under section 9 of the Access to Justice Act 1999; “gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits; remission or part remission is made, from all sources other than receipt of any of the excluded benefits; “the Independent Living Funds” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006; “partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart; “party” means the individual who would, but for this Schedule, be liable to pay the fee required under this Order; “restraint order” means— (a) an order under section 42(1A) of the Senior Courts Act 1981; (b) a civil restraint order under rule 3.11 of the Civil Procedure Rules 1998 or a practice direction made under that rule; or (c) a civil restraint order under rule 4.8 of the FPR 2010 or the practice direction referred to in that rule. (2) Paragraphs 2, 3 and 4— (a) do not apply to a party who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code; and (b) are subject to the provisions of paragraph 10 (vexatious litigants). 2 Full remission of fees – qualifying benefits (1) No fee is payable under this Order if, at the time when a fee would otherwise be payable, the party— (a) is in receipt of a qualifying benefit; or (b) is not a beneficiary of a trust fund in court of a value of more than £50,000 and is— (i)

under the age of eighteen; or

(ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or being applied for. (2) The following are qualifying benefits for the purposes of sub-paragraph (1)(a)— (a) income support under the Social Security Contributions and Benefits Act 1992; (b) working tax credit, provided that no child tax credit is being paid to the party;

12

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995; and (d) guarantee credit under the State Pension Credit Act 2002; and (e) income-related employment and support allowance under the Welfare Reform Act 2007. 3 Full remission of fees – gross annual income (1) No fee is payable under this Order if, at the time when the fee would otherwise be payable, the party has the number of children specified in column 1 of the following table and— (a) if the party is single, the gross annual income of the party does not exceed the amount set out in the appropriate row of column 2; or (b) if the party is one of a couple, the gross annual income of the couple does not exceed the amount set out in the appropriate row of column 3. Column 1

Column 2

Column 3

Number of children of party paying fee

Single

Couple

No children

£13,000

£18,000

1 child

£15,930

£20,930

2 children

£18,860

£23,860

3 children

£21,790

£26,790

4 children

£24,720

£29,720

(2) If the party paying the fee has more than 4 children then the relevant amount of gross annual income is the amount specified in the table for 4 children plus the sum of £2,930 for each additional child. 4 Full and part remission of fees – disposable monthly income (1) No fee is payable under this Order if, at the time when the fee would otherwise be payable, the disposable monthly income of the party is £50 or less. (2) The maximum amount of fee payable is— (a) if the disposable monthly income of the party is more than £50 but does not exceed £210, an amount equal to one quarter of every £10 of the party’s disposable monthly income up to a maximum of £50; and (b) if the disposable monthly income is more than £210, an amount equal to £50 plus one-half of every £10 over £200 of the party’s disposable monthly income. (3) Where the fee that would otherwise be payable under this Order is greater than the maximum fee which a party is required to pay as calculated in sub-paragraph (2), the fee will be remitted to the amount payable under that subparagraph. 5 Disposable monthly income (1) A party’s disposable monthly income is the gross monthly income of the party for the month in which the fee becomes payable (“the period”) less the deductions referred to in sub-paragraphs (2) and (3). (2) There are to be deducted from the gross monthly income— (a) income tax paid or payable in respect of the period;

13

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

(b) any contributions estimated to have been paid under Part 1 of the Social Security Contributions and Benefits Act 1992 in respect of the period; (c) either— (i)

monthly rent or monthly payment in respect of a mortgage debt or hereditable security, payable in respect of the only or main dwelling of the party, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or

(ii) the monthly cost of the living accommodation of the party; (d) any child care costs paid or payable in respect of the period; (e) if the party is making bona fide payments for the maintenance of a child who is not a member of the household of the party, the amount of such payments paid or payable in respect of the period; and (f) any amount paid or payable by the party, in respect of the period, in pursuance of a court order. (3) There will be deducted from the gross monthly income an amount representing the cost of living expenses in respect of the period being— (a) £315; plus (b) £244 for each child of the party; plus (c) £159, if the party has a partner. 6 Resources of partners (1) For the purpose of determining whether a party is entitled to the remission or part remission of a fee in accordance with this Schedule, the income of a partner, if any, is to be included as income of the party. (2) The receipt by a partner of a qualifying benefit does not entitle a party to remission of a fee. 7 Application for remission or part remission of fees (1) An application for remission or part remission of a fee must be made to the court officer at the time when the fee would otherwise be payable. (2) Where a claim for full remission of fees is made, the party must provide documentary evidence of, as the case may be— (a) entitlement to a qualifying benefit; or (b) gross annual income and, if applicable, the children included for the purposes of paragraph 3. (3) Where a claim for full or part remission of fees under paragraph 4 is made, the party must provide documentary evidence of — (a) such of the party’s gross monthly income as is derived from— (i) employment; (ii) rental or other income received from persons living with the party by reason of their residence in the party’s home; (iii) a pension; or (iv) a state benefit, not being an excluded benefit; and (b) any expenditure being deducted from the gross monthly income in accordance with paragraph 5(2).

14

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

8 Remission in exceptional circumstances Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, the Lord Chancellor may reduce or remit the fee in that case. 9 Refunds (1) Subject to sub-paragraph (3), where a party has not provided the documentary evidence required by paragraph 7 and a fee has been paid at a time when, under paragraphs 2, 3 or 4, it was not payable, the fee will be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date. (2) Subject to sub-paragraph (3), where a fee has been paid at a time where the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted the fee under paragraph 8, the fee or the amount by which the fee would have been reduced, as the case may be, will be refunded. (3) No refund will be made under this paragraph unless the party who paid the fee applies within 6 months of paying the fee. (4) The Lord Chancellor may extend the period of 6 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for an application being made after the end of the period of 6 months. 10 Vexatious litigants (1) This paragraph applies where— (a) a restraint order is in force against a party; and (b) the party makes an application for permission to— (i)

issue proceedings or take a step in proceedings as required by the restraint order;

(ii) apply for amendment or discharge of the order; or (iii) appeal the order. (2) The fee prescribed for the application by Schedule 1 is payable in full. (3) If the court grants the permission requested the applicant will be refunded the difference between— (a) the fee paid; and (b) the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

15

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

PART 2: FIXED COSTS “Family proceedings” means proceedings which arise out of family relationships, and includes proceedings in which the welfare of children is determined, and includes proceedings under the following— (a) the Matrimonial Causes Act 1973; (b) the Adoption Act 1976; (c) the Domestic Proceedings and Magistrates’ Courts Act 1978; (d) Part III (financial relief in England and Wales after overseas divorce etc) of the Matrimonial and Family Proceedings Act 1984; (e) Parts I to V (introductory, orders with respect to children in family proceedings, local authority support for children and families, care and supervision, protection of children) of the Children Act 1989; (f) Part IV (family homes and domestic violence) of the Family Law Act 1996; (g) the Adoption and Children Act 2002; (h) the Civil Partnership Act 2004; and (i)

the inherent jurisdiction of the High Court in relation to children, but does not include judicial review proceedings, proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 or proceedings under the Trusts of Land and Appointment of Trustees Act 1996.

The following provisions are extracted from the Civil Legal Aid (Remuneration) Regulations as amended. The figures shown apply from 1 April 2016. Table 2(a): Legal help Family Public Law Region

Fee

National

£132

Table 2(b): Family help (lower) – Children Act 1989, s 31 Care or Supervision proceedings only Region

Fee

National

£365

Table 2(c): Legal representation – Children Act 1989, s 31 Care or Supervision proceedings only Party

Person before Number Midlands North London Wales whom proceedings of clients and are heard South

Child

Assistant to a 1 justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£1,754

16

£1,438 £2,013 £1,965

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS Party

Person before Number Midlands North London Wales whom proceedings of clients and are heard South

Child

Assistant to a 2 or justices’ clerk, more justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£2,630

£2,156 £3,020 £2,948

Child

Judge of High 1 Court judge level

£2,332

£1,913 £2,678 £2,613

Child

Judge of High 2 or Court judge level more

£3,498

£2,869 £4,015 £3,919

Joined Assistant to a Party justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£930

£718

£1,081 £1,171

Joined Judge of High Party Court judge level

£1,237

£956

£1,437 £1,557

Parent Assistant to a 1 justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£2,300

£1,911 £2,616 £2,370

Parent Assistant to a 2 justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£2,876

£2,388 £3,270 £2,962

Parent Judge of High 1 Court judge level

£3,059

£2,541 £3,479 £3,152

Parent Judge of High 2 Court judge level

£3,824

£3,177 £4,349 £3,940

Table 3(a): Legal help Family Private Law Region

Fee

National

£86

Table 3(b): Legal help – Divorce petition only Region

Fee

National

£146

Table 3(c): Family help (lower) – Children Region

Fee

Settlement Fee

London

£230

£138

Non-London

£199

£119

17

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Table 3(d): Family help (lower) – Finance Region

Fee

Settlement Fee

London

£241

£145

Non-London

£208

£125

Table 3(e): Help with family mediation Activity

Fee

Mediation Advice

£150

Mediation Consent Order (Finance)

£200

Table 3(f): Higher Standard Fee Scheme – Children Region

Person or court before whom proceedings are heard

Family help (higher) Standard Fee

Legal representation Standard Fee

London Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£424

£302

London Judge of High Court judge level or Court of Protection

£509

£362

NonAssistant to a justices’ London clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£353

£251

NonJudge of High Court London judge level or Court of Protection

£424

£302

Table 3(g): Higher Standard Fee Scheme – Finance Region

Person or court before whom proceedings are heard

Family help (higher) Standard Fee

Family help Legal representation (higher) Settlement Standard Fee Fee

£471 London Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£95

£374

£565 London Judge of High Court judge level or Court of Protection

£113

£449

18

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Region

Person or court before whom proceedings are heard

Family help (higher) Standard Fee

Family help Legal representation (higher) Settlement Standard Fee Fee

£392 NonAssistant to a London justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

£78

£311

£471 NonJudge of High London Court judge level or Court of Protection

£95

£374

Table 3(h): Higher Standard Fee Scheme – Domestic Abuse Proceedings Region

Person or court before whom proceedings are heard

Legal representation Standard Fee

London

Assistant to a justices’ clerk, £608 justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

London

Judge of High Court judge level or Court of Protection

NonLondon

Assistant to a justices’ clerk, £507 justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

NonLondon

Judge of High Court judge level or Court of Protection

£729

£608

Hourly Rates – Controlled Work Table 7(a): Immigration and Asylum Escape Fee cases, Mental Health, Actions against the Police, Public Law, Education and Community Care Legal help, help at court and family help (lower) Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£52.65 per hour

£48.24 per hour

Travel and Waiting Time

£27.81 per hour

£27.00 per hour

Routine Letters Out and Telephone Calls

£4.05 per item

£3.78 per item

Table 7(b): Family and Housing (except as in Table 7(c)) and Miscellaneous (employment) Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£48.74 per hour

£45.95 per hour

19

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Activity

London Rate

Non-London Rate

Travel and Waiting Time

£25.74 per hour

£25.74 per hour

Routine Letters Out and Telephone Calls

£3.78 per item

£3.65 per item

Table 7(c): Legal help or help at court provided in relation to a review under s 202 of the Housing Act 1996 and to a defendant to a possession claim in the county court, family help (lower) and related legal help in relation to s 31 of the Children Act 1989 Activity

London Rate

Non-London Rate

Preparation, Attendance and Advocacy

£56.16 per hour

£52.56 per hour

Travel and Waiting Time

£27.81 per hour

£27.05 per hour

Routine Letters Out and Telephone Calls

£4.05 per item

£3.78 per item

Hourly Rates – Licensed Work Table 9(a): Proceedings under Parts IV or V of the Children Act 1989, including proceedings under section 25 of that Act but excluding proceedings under section 31 of that Act Family Prescribed Rates Activity

Judge of High Court judge level (acting as a judge of the family court) or Higher Courts

Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

Writing routine letters

£4.23 per item

£3.69 per item

Receiving routine letters

£2.12 per item

£1.85 per item

Routine telephone calls

£4.23 per item

£3.69 per item

Preparation and attendance

£70.07 per hour (London rate) £65.84 per hour (Non-London rate)

£61.38 per hour (London rate) £58.41 per hour (NonLondon rate)

Attendance at court or conference with counsel

£37.13 per hour

£32.67 per hour

Advocacy

£70.07 per hour (London rate) £65.84 per hour (Non-London rate)

£64.35 per hour

Travelling £32.18 per hour and waiting time

£29.21 per hour

20

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Table 9(aa): Legal representation –Children Act 1989, s 31 Care or Supervision proceedings only Activity

Judge of High Court judge level (acting as a judge of the family court) or Higher Courts

Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

Writing £4.23 per item routine letters

£3.69 per item

Receiving £2.12 per item routine letters

£1.85 per item

Routine £4.23 per item telephone calls

£3.69 per item

Preparation and attendance

£63.06 per hour (London rate) £59.26 per hour (Non-London rate)

£55.24 per hour (London rate) £52.57 per hour (NonLondon rate)

Attendance at court or conference with counsel

£33.42 per hour

£29.40 per hour

Travelling and waiting time

£28.96 per hour

£26.29 per hour.

Table 9(b): Other Family Proceedings Activity

Judge of High Court judge level (acting as a judge of the family court) or Higher Courts

Assistant to a justices’ clerk, justices’ clerk, lay justice, judge of district judge level, judge of circuit judge level or costs judge

Routine letters out

£6.35 per item

£5.40 per item

Receiving £3.15 per item routine letters

£2.70 per item

Routine £6.35 per item telephone calls

£5.40 per item

Preparation and attendance

£70.56 per hour (London rate) £65.75 per hour (Non-London rate)

£59.40 per hour (London rate) £54.90 per hour (NonLondon rate)

Attending court or conference with Counsel

£37.13 per hour

£32.40 per hour

Advocacy

£70.56 per hour (London rate) £65.75 per hour (Non-London rate)

£59.40 per hour (London rate) £56.70 per hour (NonLondon rate)

Travelling and waiting time

£32.18 per hour

£28.80 per hour (London rate) £27.90 per hour (NonLondon rate)

21

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Table 10(a): Higher courts, county courts and magistrates’ courts for work carried out with Schedule Authorisation Non-Family Prescribed Rates Activity

Higher Courts

County Court and Magistrates’ Courts

Routine letters out

£6.75 per item

£5.94 per item

Routine telephone calls

£3.74 per item

£3.29 per item

Preparation and attendance

£71.55 per hour (London rate) £67.50 per hour (Non-London rate)

£63.00 per hour (London rate) £59.40 per hour (NonLondon rate)

£33.30 Attendance at court or conference with Counsel

£29.25

Advocacy

£67.50 per hour

£59.40 per hour

Travelling and waiting time

£29.93 per hour

£26.28 per hour

Table 10(b): Higher courts, county courts and magistrates’ courts for work not carried out with Schedule Authorisation Activity

Higher Courts

County Court and Magistrates’ Courts

Routine letters out

£6.66 per item

£5.85 per item

Routine telephone calls

£3.69 per item

£3.24 per item

Preparation and attendance

£70.65 per hour (London rate) £66.60 per hour (Non-London rate)

£62.10 per hour (London rate) £58.50 per hour (Non-London rate)

Attendance at court or conference with Counsel

£32.76 per hour

£28.80 per hour

Advocacy

£66.60 per hour

£58.50 per hour

Travelling and waiting time

£29.43 per hour

£25.88 per hour

Family Mediation Fees Table 11(a): Assessment Meetings Activity

Fee

Assessment alone

£87

Assessment separate

£87

Assessment together

£130

Table 11(b): Mediation Fees Category of Work

Single Session

Multi Session

Agreed Proposal

All Issues of Sole Mediation

£168

£756

£252

All Issues Co-Mediation

£230

£1,064

£252

22

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Property and Finance Sole Mediation

£168

£588

£189

Property and Finance Co-Mediation

£230

£834

£189

Child Sole Mediation

£168

£462

£126

Child Co-Mediation

£230

£647

£126

Family Advocacy Scheme Bolt on fees – advocate’s bundle The Lord Chancellor must pay a bolt-on fee at the rates set out in tables 1(d) (Public Law – bolt-on fee – advocate’s bundle payments) or 2(e) (Private Law Children and finance—bolt-on fees—advocate’s bundle payment) as applicable to an advocate providing advocacy services in family proceedings where— (a) the advocate’s bundle for a hearing exceeds 350 pages; and (b) the advocate submits a claim on a form specified by the Lord Chancellor. (2) An advocate must provide any additional information or documents requested by the Lord Chancellor as evidence that paragraph 2(1)(a) is satisfied. (3) For the purposes of this paragraph the advocate’s bundle— (a) may only include— (i)

those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates; and

(ii) notes of contact visits if included in the court bundle; and (b) must include a paginated index agreed by the parties to those proceedings. (4) In this paragraph, “court bundle” means the bundle prepared for the hearing to which the claim relates in accordance with Practice Direction 27A—Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court) to the Family Procedure Rules 2010.]

Public Law Advocacy Fees Table 1(a): Care or supervision proceedings under Children Act 1989, s 31 – graduated fees Person before whom proceedings are heard]

Hearing Unit 1 (up to 1 hour)

Hearing Conference Opinion Advocates’ Final Unit 2 fee fee Meeting Hearing (up to 2.5 Fee Fee (per hours) day)

Assistant to a justices’ clerk, justices’ clerk or lay justices

£86.72 £216.81

£127.71

£105.66 £128.16

£506.25

Judge of £95.40 £238.46 £127.71 district judge level, judge of circuit judge level or costs judge

£105.66 £140.99

£556.88

23

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS Person before whom proceedings are heard]

Hearing Unit 1 (up to 1 hour)

Hearing Conference Opinion Advocates’ Final Unit 2 fee fee Meeting Hearing (up to 2.5 Fee Fee (per hours) day)

Judge of High Court judge level

£114.48 £286.16 £127.71

£105.66 £169.20

£668.25

Table 1(b): Other Public Law Case – graduated fees Person before whom proceedings are heard

Hearing Unit 1 (up to 1 hour)

Hearing Conference Opinion Advocates’ Final Unit 2 fee fee Meeting Hearing (up to 2.5 Fee Fee (per hours) day)

Assistant to a justices’ clerk, justices’ clerk or lay justices

£75.83

£189.59

£127.71

£105.66 £128.16

£464.31

£208.53 £127.71

£105.66 £140.99

£510.75

£100.08 £250.20 £127.71

£105.66 £169.20

£612.90

Judge of £83.39 district judge level, judge of circuit judge level or costs judge Judge of High Court judge level

Table 1(c): Public Law – bolt-on fees Category

Payable For

Fee Payable

Client—Allegations Hearings of Harm

25% of Hearing Unit Fee

Client—Lack of understanding etc

Hearings

25% of Hearing Unit Fee

Expert’s cross examination

Hearings

25% of Hearing Unit Fee

Exceptional travel fee

Hearings, £32.04 Advocates’ Meetings and Conferences

Table 1(d): Public Law – bolt-on fee – [advocate’s] bundle payments Hearing type

[ABP1] (351– [ABP2] (701– 700 pages) 1,400 pages)

[ABP3] (over 1,400 pages)

Interim Hearing

£59.40

£89.10

£89.10

Final Hearing

£159.30

£239.40

£318.60

Private Law Advocacy Fees Table 2(a): Private Law Children – Graduated Fees Person before Hearing whom proceedings Unit 1 are heard (up to 1 hour)

Hearing Conference Opinion Final hearing Unit 2 fee fee fee (per day) (up to 2.5 hours)

Assistant to a justices’ clerk, justices’ clerk or lay justices

£156.74

£62.69

24

£125.37

£94.05

£397.04

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS Judge of district £68.94 judge level, judge of circuit judge level or costs judge

£172.40

£125.37

£94.05

£436.73

Judge of High Court judge level

£206.87

£125.37

£94.05

£524.07

£82.76

Table 2(b): Domestic Abuse – Graduated Fees Person before whom Hearing proceedings are Unit 1 (up to heard 1 hour)

Hearing Unit 2 (up to 2.5 hours)

Final hearing fee (per day)

£81.50

£203.76

£361.17

£81.50 Judge of district judge level, judge of circuit judge level or costs judge

£203.76

£361.17

Judge of High Court judge level

£203.76

£361.17

Assistant to a justices’ clerk, justices’ clerk or lay justices

£81.50

Table 2(c): Private Law Finance – Graduated Fees Person before Assistant to a justices’ clerk, whom proceedings justices’ clerk, lay justice, are heard judge of district judge level, judge of circuit judge level or costs judge

Judge of High Court judge level

Hearing Unit 1(up to 1 hour)

£63.18

£75.83

Hearing Unit 2 (up to 2.5 hours)

£157.95

£189.54

Financial Dispute Resolution Hearing Unit 1

£101.07

£121.32

Financial Dispute Resolution Hearing Unit 2

£252.72

£303.26

Early resolution fee

£126.36

£151.65

Conference fee

£126.36

£126.36

Opinion Fee

£94.77

£94.77

Final hearing fee (per day)

£443.70

£532.44

Table 2(d): Private Law – bolt-on fees Bolt-on Fee

Payable For

Fee Payable

Client—Allegations Private Law 25% of Hearing of Harm Children Hearings Unit Fee Expert’s cross examination

Private Law 20% of Hearing Children Hearings Unit Fee

Exceptional travel fee

Hearings and Conferences

25

£32.04

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Table 2(e): Private Law Children and Finance – bolt-on fees – court [advocate’s] bundle payment Hearing type

CB1 [ABP1] (351–700 pages)

CB2 [ABP2] (701–1,400 pages)

CB3 [ABP3] (over 1,400 pages)

Interim hearing

£59.40

£89.10

£89.10

Final hearing

£159.30

£239.40

£318.60

EXPERTS’ FEES AND RATES Expert

Non-London— hourly rate stated to be a unless London— fixed fee hourly rate unless stated to be a fixed fee

A&E consultant

£100.80

£108

Accident reconstruction

£72

£54.40

Accountant

£64

£64

Accountant (general staff)

£40

£40

Accountant (manager)

£86.40

£86.40

Accountant (partner)

£108

£115.20

Anaesthetist

£108

£108

Architect

£79.20

£72

Cardiologist

£115.20

£115.20

Cell telephone site analysis

£72

£72

Child psychiatrist

£108

£108

Child psychologist

£100.80

£100.80

Computer expert

£72

£72

Consultant engineer

£72

£54.40

Dentist

£93.60

£93.60

Dermatologist

£86.40

£86.40

Disability consultant

£54.40

£54.40

DNA (testing of sample)

£252 per test

£252 per test

DNA (preparation of report) £72

£72

Doctor (GP)

£79.20

£72

Employment consultant

£54.40

£54.40

Enquiry agent

£25.60

£18.40

ENT surgeon

£100.80

£100.80

General surgeon

£108

£72

Geneticist

£86.40

£86.40

GP (records report)

£50.40 fixed fee

£72 fixed fee

Gynaecologist

£108

£72

Haematologist

£97.60

£72

Handwriting expert

£72

£72

Interpreter

£28

£25

Lip reader/Signer

£57.60

£32.80

Mediator

£100.80

£100.80

Medical consultant

£108

£72

Medical microbiologist

£108

£108

Meteorologist

£100.80

£144 fixed fee

Midwife

£72

£72

26

FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

Expert

Non-London— hourly rate stated to be a unless London— fixed fee hourly rate unless stated to be a fixed fee

Neonatologist (non-clinical £108 negligence cerebral palsy case)

£108

Neonatologist (clinical negligence cerebral palsy case)

£180

£180

Neurologist (non-clinical negligence cerebral palsy case)

£122.40

£72

Neurologist (clinical negligence cerebral palsy case)

£200

£200

Neuropsychiatrist

£126.40

£72

Neuroradiologist (non£136.80 clinical negligence cerebral palsy case)

£136.80

Neuroradiologist (clinical negligence cerebral palsy case)

£180

£180

Neurosurgeon

£136.80

£72

Nursing expert

£64.80

£64.80

Obstetrician

£108

£108

Occupational therapist

£54.40

£54.40

Oncologist

£112

£112

Orthopaedic surgeon

£115.20

£115.20

Paediatrician

£108

£72

Pathologist

£122.40

£432 fixed fee

Pharmacologist

£97.60

£97.60

Photographer

£25.60

£18.40

Physiotherapist

£64.80

£64.80

Plastic surgeon

£108

£108

Process server

£25.60

£18.40

Psychiatrist

£108

£108

Psychologist

£93.60

£93.60

Radiologist

£108

£108

Rheumatologist

£108

£108

Risk assessment expert

£50.40

£50.40

Speech therapist

£79.20

£79.20

Surveyor (housing disrepair)

£85

£115

Surveyor (non-housing disrepair)

£40

£40

Telecoms expert

£72

£72

Toxicologist

£108

£108

Urologist

£108

£108

Vet

£72

£72

Voice recognition

£93.60

£72]

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FEES AND FIXED COSTS IN FAMILY PROCEEDINGS

The Lord Chancellor may increase the fixed fees or rates set out in the Table after paragraph 1 if the Lord Chancellor considers it reasonable to do so due to exceptional circumstances. In sub-paragraph (1), “exceptional circumstances” mean that the expert’s evidence is key to the client’s case and either— (a) the complexity of the material is such that an expert with a high level of seniority is required; or (b) the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence. Payment of expert services of a type not listed in the Table after Part 1 Where the expert service is of a type not listed in the Table after paragraph 1, in considering the rate at which to fund the expert service the Lord Chancellor— (a) must have regard to the rates set out in the Table after paragraph 1; and (b) may require a number of quotes for provision of the service to be submitted to the Lord Chancellor. General provisions relating to experts 1.

The costs and expenses relating to experts listed at subparagraph (2) are not payable by the Lord Chancellor.

2.

The costs and expenses are— a.

any administration fee charged by an expert, including (but not limited to)— i.

a fee in respect of office space or provision of a consultation room;

ii.

a fee in respect of administrative support services, such as typing services;

iii. a fee in respect of courier services iv. a subsistence fee; and b.

any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.

The maximum amount that the Lord Chancellor may pay as a disbursement in respect of an expert’s vehicle mileage is £0.45 per mile.

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PART 3: EXTRACTS FROM THE FAMILY PROCEDURE RULES 2010 RELATING TO COSTS 4.5 Sanctions have effect unless defaulting party obtains relief (1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction. (Rule 4.6 sets out the circumstances which the court may consider on an application to grant relief from a sanction.) (2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs. (3) Where a rule, practice direction or court order— (a) requires a party to do something within a specified time; and (b) specifies the consequence of failure to comply, the time for doing the act in question may not be extended by agreement between the parties. 4.6 Relief from sanctions (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including— (a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol; (f) whether the failure to comply was caused by the party or the party’s legal representative; (g) whether the hearing date or the likely hearing date can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i)

the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

(2) An application for relief must be supported by evidence. 7.21 Further provisions about costs (1) Subject to paragraph (2), any party to matrimonial or civil partnership proceedings may be heard on any question as to costs at the hearing of the proceedings. [(2) In the case of a hearing following a direction under rule 7.20(2)(a), a party will not be heard unless that party has, not less than 14 days before the hearing—

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(a) given written notice to the court of that party’s intention to attend the hearing and apply for, or oppose the making of, an order for costs; and (b) served that notice on every other party. (3) On receipt of such a written notice, the court may make such directions in relation to the hearing as it sees fit. 9.27 Estimates of Costs (1) Subject to paragraph (2), at every hearing or appointment each party must produce to the court an estimate of the costs incurred by that party 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 a financial remedy, each party (“the filing party”) must (unless the court directs otherwise) file with the court and serve on each other party a statement giving full particulars of all costs in respect of the proceedings which the filing party 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 a financial remedy. 20.6 Security for costs (1) A respondent to any application may apply under this Chapter of this Part for security for costs of the proceedings. (Part 4 provides for the court to order payment of sums into court in other circumstances.) (2) An application for security for costs must be supported by written evidence. (3) Where the court makes an order for security for costs, it will— (a) determine the amount of security; and (b) direct— (i)

the manner in which; and

(ii) the time within which, the security must be given. 20.7 Conditions to be satisfied (1) The court may make an order for security for costs under rule 20.6 if— (a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and (b) either— (i)

one or more of the conditions in paragraph (2) applies; or

(ii) an enactment permits the court to require security for costs. (2) The conditions are— (a) the applicant is— (i)

resident out of the jurisdiction; but

(ii) not resident in a Brussels Contracting State, a State bound by the Lugano Convention, a State bound by the 2007 Hague Convention which is an EEA State, a Regulation State or a Maintenance Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982 or a Member State bound by the Council Regulation;

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(b) the applicant has changed address since the application was started with a view to evading the consequences of the litigation; (c) the applicant failed to give an address in the application form, or gave an incorrect address in that form; (d) the applicant has taken steps in relation to the applicant’s assets that would make it difficult to enforce an order for costs against the applicant. (3) The court may not make an order for security for costs under rule 20.6 in relation to the costs of proceedings under the 1980 Hague Convention. (Rule 4.4 allows the court to strike out a statement of case.) (“EEA State” is defined in Schedule 1 to the Interpretation Act 1978). 20.8 Security for costs of an appeal The court may order security for costs of an appeal against— (a) an appellant; (b) a respondent who also appeals, on the same grounds as it may order security for costs against an applicant under this Part. 28.1 Costs The court may at any time make such order as to costs as it thinks just. 28.2 Application of other rules (1) Subject to rule 28.3 Parts 44 (except rules 44.2(2) and (3) and 44.10(2) and (3)), 46 and 47 and rule 45.8 of the CPR apply to costs in proceedings, with the following modifications— (a) in the definition of “authorised court officer” in rule 44.1(1), for the words in sub-paragraph (i) substitute “the family court”; (b) . . . (c) in accordance with any provisions in Practice Direction 28A; and (d) any other necessary modifications. 28.3 Costs in financial remedy proceedings (1) This rule applies in relation to financial remedy proceedings. (2) Rule 44.2(1), (4) and (5) of the CPR do not apply to financial remedy proceedings. (3) Rules 44.2(6) to (8) and 44.12 of the CPR apply to an order made under this rule as they apply to an order made under rule 44.3 of the CPR. (4) In this rule— (a) “costs” has the same meaning as in rule 44.1(1)(c) of the CPR; and (b) financial remedy proceedings” means proceedings for— (i)

a financial order except an order for maintenance pending suit, an order for maintenance pending outcome of proceedings, an interim periodical payments order, an order

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for payment in respect of legal services or any other form of interim order for the purposes of rule 9.7(1)(a), (b), (c) and (e); (ii) an order under Part 3 of the 1984 Act; (iii) an order under Schedule 7 to the 2004 Act; (iv) an order under section 10(2) of the 1973 Act; (v) an order under section 48(2) of the 2004 Act. (5) Subject to paragraph (6), the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party. (6) The court may make an order requiring one party to pay the costs of another party 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). (7) In deciding what order (if any) to make under paragraph (6), 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 proceedings which the court considers relevant; and (f) the financial effect on the parties of any costs order. (8) No offer to settle which is not an open offer to settle is admissible at any stage of the proceedings, except as provided by rule 9.17. (9) For the purposes of this rule “financial remedy proceedings” do not include an application under rule 9.9A.

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