When the Civil Procedure Rules 1998 (CPR) come into operation on 26 April 1999 they will not directly affect the family lawyer, save that we now know that the rules, as they relate to costs (Parts 43, 44 - as slightly modified - 47 and 48) will apply to family proceedings after all.Part 43: Scope of costs rules and definitionsPart 43 defines the scope of the rules and defines the terms used.

There are various 'costs officers' whose job it is to assess (tax) costs.

Summary assessment (assessment or Leary orders) and 'detailed assessment' (taxation) are defined by rr 43.3 and 43.4.Part 44: General rules about costsRule 44.3 covers exercise of the court's discretion on making costs orders.

Rule 44.3(2) sets out the 'general rule', namely that if the court is to make a costs order, 'the unsuccessful party will be ordered to pay the costs of the successful party'.This provision is deleted for family proceedings; but after Gojkovic v Gojkovic (No 2) [1991] 2 FLR 233 CA, the starting point is likely still to be that costs follow the event.

To make an order the court 'must have regard to all the circumstances, including (a) the conduct of all the parties...' (r.44.3(4)); and, if an order is contemplated, the judge must consider the check lists in rr 44.3(4) and (5) for exercise of discretion, which includes whether an 'admissible offer to settle [has been made]' (that is to say, a Calderbank offer).Costs are to be assessed on the 'standard' or the 'indemnity' basis (r.44.4).

Assessment on the standard basis requires the court to consider whether the costs were 'proportionately and reasonably incurred' (r.44.4(1)(a)(i)); and r.44.5(3) prescribes a check-list, a set of factors to bear in mind as to whether or not a bill should attract enhancement or whether it should be reduced on assessment (taxed down).Part 47: Detailed assessment of costsThe court can make a 'summary assessment of the costs' (r.44.7) or it may 'order detailed assessment of the costs by a costs officer'.Detailed assessment of costs is therefore dealt with in part 47.

This is started by service of notice in the relevant form and of the bill of costs on the paying party (r.47.6(1)); and any item disputed is then the subject of 'points of dispute' served 21 days later by the paying party on the receiving party (r.47.9(1) and (2)).The receiving party may then apply 'for a detailed assessment hearing' (r.47.14(1)) at which only items referred to in the points of dispute can be raised, unless the court says otherwise (r.47.14(7)).

Part 47 then goes on to deal with legal aid assessment, costs of assess ment and appeals.Part 48: Special casesCosts in favour of or against non-parties (r.48.2); costs where money is payable to a child (r.48.5) and wasted costs (r.48.7) are described as 'special cases' and are dealt with in part 48.Throughout, the rules are backed up with practice directions.

Thus para 2.4 of the general rules practice direction refers to the orders for costs which the court can make (eg 'costs reserved', 'costs thrown away' etc) And para 4.3 of the detailed assessment practice direction sets out the documents which must accompany an application for a detailed assessment hearing.