header-logo header-logo

03 March 2023 / David Burrows
Issue: 8015 / Categories: Features , Family , CPR , Procedure & practice
printer mail-detail

Civil & family proceedings: where do the twain meet?

113330
David Burrows delves into the origins of the Family Procedure Rules 2010: how do they overlap with their civil counterparts?
  • Key examples of crossover between the Family Procedure Rules 2010 and the Civil Procedure Rules 1998.

Parts of the Family Procedure Rules 2010 (FPR 2010) cannot be understood without reference to their parallel progenitors in the Civil Procedure Rules 1998 (CPR 1998). Examples of this crossover between sets of rules follow; but first, a little history. For reasons which remain mystifying, the committee that set up CPR 1998 decreed that they should not apply to family proceedings (CPR 2.1(2)). Family proceedings were ghettoised and got their own rules 12 years later, namely FPR 2010. Between 1999 and 2011, parties to family proceedings had to continue with the older civil rules (ie Rules of Supreme Court 1965 etc). Yet, both sets of rules regulate the same statute and common law in civil and family proceedings, though in different factual contexts

Many of the CPR 1998

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll