# The Matrimonial Causes (Costs) Rules 1988, Note: Explanatory note


(This note is not part of the Rules)
These Rules revoke the Matrimonial Causes (Costs) Rules 1979, subject to the transitional provisions in rule 1, and make fresh provision for the taxation of costs in matrimonial proceedings in the High Court and county courts following closely the revision of Order 62 of the Rules of the Supreme Court by the Rules of the Supreme Court (Amendment) 1986, S.I. 1986/632.
The most important changes made by these Rules are—
(a) to enable certain officers of the court service to tax bills of costs in district registries of the High Court(rule 3(1)(d)),
(b) to provide only two bases of taxation, the standard basis and the indemnity basis, in place of the four bases currently in use(rule 7),
(c) in exercise of the powers conferred by section 64 of the Family Law Act 1986 to prescribe the rates of costs, but only for costs payable out of the legal aid fund(rule 10 and Schedule 2),
(d) to provide for the taxation of costs under section 53 of the Administration of Justice Act 1985 (reimbursement of additional costs resulting from death or incapacity of presiding judge)(rule 12), and
(e) in exercise of the powers conferred by section 64 of the 1986 Act to amend paragraph 4 of Schedule 2 to the Legal Aid Act 1974 for the purposes of these Rules(rule 21).

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Source: https://www.legislation.gov.uk/uksi/1988/1328/note (the official version)
Page: https://openlegislation.uk/matrimonial-causes-costs-rules-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

