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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll