C2 Application & Legal Costs Recovery



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What is a C2 Application?

Within family law, there are a number of different types of application with each one serving a separate purpose. A C2 application can be sought when a party wishes to seek permission to start proceedings within the Family Court, or wants to seek an order or directions in existing Children Act proceedings. Moreover, a C2 application could be prepared if a party wishes to be joined, or opposingly, ceased to be joined as a party in existing family law proceedings.  

An example of when a C2 application is necessary may be when a party wishes to commence proceedings to seek a child arrangements order.

A party may complete the C2 form themselves using the online form, or they may instruct a solicitor to complete the form on their behalf.

Other common occurrences for when a C2 form is required may include the request for directions/varied directions in current Children Act proceedings (for instance if the timetable has slipped or additional evidence is required), or to introduce a new party to proceedings.


Costs Recovery

Typically the usual order in family law proceedings is ‘no order as to costs’.  As such the it is unusual for parties to recover any inter-partes costs, and if an individual party is legally aided, then such costs can be recouped from the Legal Aid Agency (LAA) on conclusion of proceedings.

If a Solicitor has been instructed to prepare a C2 application owing to unreasonable conduct from another party to proceedings, for example in causing timetable slippage and disruption to the proceedings, then the legal representatives in the proceedings will have incurred unnecessary fees. Alongside this, a Court fee for the application itself will also have been incurred. 

Whilst an order for detailed assessment of the parties’ legally aided costs’ is more often made than not in legal aid funded matters, in some scenarios, inter partes costs orders which state that one party must pay all/a fraction of the other party’s costs may be made by the Court.  

Usually, an inter partes costs order will be made by the Court if a party has acted unreasonably through the proceedings, or in financial proceedings has displayed “a failure to openly negotiate reasonably and responsibly in proceedings relating to financial remedies”. Further examples of unreasonable behaviour may include a party’s refusal to engage in Alternative Dispute Resolution or a failure to attend hearings at the Family Court.  

In conclusion, it is likely that you will have to pay the costs relating to your C2 application yourself or via the Legal Aid Agency, unless the opposing party has acted in a manner which the Court deems unreasonable. 


Process of Recovery following a Costs Order

If you are a party to family law proceedings and an inter partes costs order or an order for detailed assessment has been provided, we can offer reliable advice on the next steps.  

In inter-partes matters where a costs order is made, we will evaluate the legal costs which have been incurred, such as C2 application fees and solicitor’s fees. Then, we will compile the total costs into a Bill of Costs. Subsequently, this document can be provided to the other side to make proposals of settlement.  

The other side will then have the option to dispute this bill total and costs negotiations can commence using Points of Dispute. If these negotiations do not result in a settlement, a Detailed Assessment hearing can be held.

If the matter is legally aided, we assist in preparing XML Bills of Costs for digital upload to CCMS (whether fixed or exceptional), and can complete the entire costing and administration process from start to finish, so that you recover the maximum in costs without having to undertake the time-consuming admin yourself following conclusion of the proceedings.  Our fees can also be recovered from the LAA in exceptional hourly rates cases, ensuring our service is at the very least, costs neutral.


How can ARC Costs Assist?

The team of experts at ARC Costs can assist clients in a multitude of costs disputes whether you are a legally aided party, or a Paying/Receiving party under an inter-partes costs order..

We are highly experienced Costs Draftsmen/Costs Lawyers and have been successful in recovering substantial amounts in legal fees for all our clients. As independent costs experts, we can also represent either Paying or Receiving parties in inter-partes litigation, to reduce/maximise the recovery of legal fees.

If you would like to find out more about how we can help you in your claim for costs, please contact us at 01204 397302 or alternatively, you may email an expert at info@arccosts.co.uk.




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4 Bark Street East, Bolton, BL1 2BQ

01204 397302


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