Please could someone advise me if lack of capacity becomes an issue in a final financial hearing would adjournment costs amount to:
A. The costs of the adjournment
B. All costs of the other party from the start of the proceedings to the hearing resulting from the adjournment.
CPR 44.2(2)(a) is the main principle \"the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party\". The principle is known as 'costs follow the event' - the event being winning the case.
In family financial proceedings the costs rules in the CPR apply by virtue of the Family Procedure Rules but with certain modifications.
Specifically, the FPR Rule 28.3(5) says \"(5) Subject to paragraph (6), the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party\"
So generally speaking there will be no costs order but it is not unusual to have a discrete costs order for a certain element.
For instance, if a party turned up for court and had failed to comply with previous directions the judge may have to adjourn and relist the hearing. It would not be unreasonable for the party who was ready and attended court to ask for their costs of the adjournment.
There are exceptions in family proceedings to which the disapplication of the CPR does not apply but bearing in mind the complexity of this sentence already, I won't address those here!