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03 March 2023 / David Burrows
Issue: 8015 / Categories: Features , Family , CPR , Procedure & practice
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Civil & family proceedings: where do the twain meet?

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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

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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