Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

Wasted Costs Orders in Family Proceedings (England and Wales): Legal Tests, Procedure, Misconduct Standards, Privilege, and Key Case Law, Including Case Management and Bundles Compliance

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines Wasted costs orders in family proceedings, setting out the test applied by the courts and the procedural steps required. It also addresses improper, unreasonable or negligent conduct and how such Misconduct may influence Costs, together with pertinent case law.

What is a wasted costs order?

The Rules governing wasted costs sit in the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 46 and the associated CPR PD 46. CPR Part 46 and CPR PD 46 apply to costs in family proceedings under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2.

A wasted costs order is an order:

requiring a legal representative to pay a sum (either fixed or to be assessed) in respect of a party’s costs; or
disallowing costs for a specified amount or for particular items of work

Such orders can be made at any stage of the proceedings, up to and including detailed assessment, although in general an application for wasted costs is best reserved until after the final hearing...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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