Francis Wilkinson and Dr Sara Hunton have revised and fully updated their guide to the law, precedents and practice of costs and funding in all family proceedings. This second edition of Costs in Family Proceedings was published by Bloomsbury Professional in February 2020.
As the only book of its kind available, it sets out the 3 different regimes for family costs: no order; the clean sheet; and costs follow the event. It also covers arbitration costs, public funding, wasted costs, and any other costs issue that can arise.
In his foreword to the first edition, Lord Wilson of the Supreme Court wrote: ‘a magisterial book. …Our library here will stock this book. Family practitioners should in my view expect that all family judges will want to work from it.’
The second edition includes:
- Changes to public funding and the treatment of awards of damages
- Changes to enforcement procedures with the introduction of Parts 39 and 40 of the Family Procedure Rules 2010
- An update to relevant case law
Key legislation covered includes:
- Children Act 1989
- Matrimonial Causes Act 1973
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Senior Courts Act 1981
- Family Procedure Rules 2010
- Civil Procedure Rules 1998
The early chapters address the scope for orders for costs between parties, while the later chapters provide coverage of: cost allowances, wasted costs, costs assessment (including indemnity costs), enforcement of costs orders, and the full range of other costs issues which may arise in family proceedings.