Practice Directions

President's Direction on Costs (Civil Procedure Rules 1998) (24 July 2000)

The President's Direction dated the 22nd April 1999 applied the (Civil Procedure) Practice Direction about Costs Supplementing Parts 43 to 48 of the Civil Procedure Rules ("the costs direction") to family proceedings (within the Family Proceedings Rules 1991) and to proceedings in the Family Division. A further edition of the costs direction (effective from the 3rd July 2000) has been published and it is hereby directed that the further edition (and all subsequent editions as and when they are published and come into effect) shall extend to family proceedings and to proceedings in the Family Division in the same way as did the costs direction and to the extent applicable to such proceedings.

The further edition of the costs direction includes provisions applicable to proceedings following changes in the manner in which legal services are funded pursuant to the Access to Justice Act 1999. It should be noted that although the cost of the premium in respect of legal costs insurance (section 29) or the cost of funding by a prescribed membership organisation (section 30) may be recoverable, family proceedings (within section 58A(2) of the Courts and Legal Services Act 1990) cannot be the subject of an enforeceable conditional fee agreement.

Issued with the approval of the Lord Chancellor.

Elizabeth Butler-Sloss
President

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It is directed that upon the coming into force on the 26th April 1999 of the Civil Procedure Rules 1998 ("the 1998 Rules") and the Family Proceedings (Miscellaneous Amendments) Rules 1999:

(a)Paragraph 3.2 of the (Civil Procedure) Practice Direction "Allocation of Cases to Levels of Judiciary" shall apply to the Family Division. District Judges (including District Judges of the Principal Registry) shall have jurisdiction to hear and dispose of proceedings under the Inheritance (Provision for Family & Dependants) Act 1975 and under s 14 of the Trusts of Land and Appointment of Trustees Act 1996.

(b)The (Civil Procedure) Practice Direction about Costs "Supplementing Parts 43 to 48 of the Civil Procedure Rules" ("the costs direction") shall apply to family proceedings to which the Family Proceedings Rules 1991 apply and to proceedings in the Family Division. References in the costs direction to "claimant" and "defendant" are to be read as references to the equivalent terms used in family proceedings and other terms and expressions used in the costs direction shall be similarly treated. References to procedural steps and to other Parts of the 1998 Rules which have not yet been applied to family proceedings are to be read as referring to equivalent or similar procedures under the rules applicable to family proceedings, as the context may permit. The previous practice in relation to "costs reserved" will no longer be followed and such an order will have the effect specified in the costs direction. It should also be noted that the period for commencing detailed assessment proceedings will be as specified in Part 47.7 (3 months) in substitution for the period of 6 months previously applicable.

Issued with the approval and concurrence of the Lord Chancellor.

Stephen Brown
President