Explanatory note

These rules provide for the taxation of costs in family proceedings under the Family Proceedings Rules 1991 except where regulations made under the Legal Aid Act 1988 determine the amount of costs payable.

Apart from these rules, the Matrimonial Causes (Costs) Rules 1988 would cease to have effect because the power under which they were made is repealed on 14th October 1991. However, rule 2(2) of these rules applies the 1988 Rules to costs in matrimonial causes and in proceedings under the Children Act 1989. Rule 3 modifies the Matrimonial Causes (Costs) Rules, as applied by rule 2(2), to make fresh provision as to personal liability of legal representatives for costs following the enactment of section 4 of the Courts and Legal Services Act 1990.

Where, before the coming into force of the Family Proceedings Rules, family proceedings were governed by the Rules of the Supreme Court 1965 (S.I. 1965/1776) or the County Court Rules 1981 (S.I. 1981/1687), rule 2(3) provides for costs in those proceedings to be taxed in accordance with RSC Order 62 or CCR Order 38 respectively.