header-logo header-logo

17 January 2014 / David Burrows
Issue: 7590 / Categories: Features , Family
printer mail-detail

In the doghouse

Are the Family Procedure Rules 2010 an Alsatian mongrel of dubious legality, asks David Burrows

In Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Munby LJ—who as Sir James Munby P presides over the introduction of the new family court—explained that the Family Division is “part of the High Court. It is not some legal Alsatia where the common law and equity do not apply”. (“Alsatia” was an area outside the City of London between the Temple and St Brides’, where authority after the Reformation was ill-defined. The area could provide immunity from arrest. It became a refuge for criminals and malcontents; and was known as Alsatia, after Alsace, then in the throes of the Thirty Years War.)

Indeed: judges apply the common law on the final hearing of cases. Of procedural law, the Family Procedure Rules Committee (FPRC) is seeking to do the opposite. Their Family Procedure Rules 2010 are steadily amended, thus to Alsatianate procedures from the rest of civil proceedings; and often with dubious legality. To

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll