Timokhina v Timokhin

Family proceedings – Costs. FPR 28 did not prohibit the making of a retrospective order where no order had been made and whether a court would make such an order depended upon the circumstances of the case, and where costs had not been mentioned in the original order, an application would necessarily be considered by the court against the backdrop of CPR 44.10(1)(a) that, as a general rule, the party seeking the order for costs was not entitled to an order. However, the Court of Appeal, Civil Division, held that the costs figure awarded by the judge had been unreasonable in amount pursuant to CPR 44.4(1)(b)(ii) and the global figure would accordingly be reduced.

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