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31 March 2011 / David Burrows
Issue: 7459 / Categories: Features , Family
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Under new rule

In the first of a series of NLJ articles on the new FPR, David Burrows focuses on how to issue proceedings & transitional provisions

In many respects the Family Procedure Rules 2010 (FPR 2010) are derived from the Civil Procedure Rules 1998 (CPR 1998). Under CPR 1998 most claims are issued under Pt 7. A few claims, eg where evidence is not likely to be greatly in issue (including in judicial review applications), are issued under the Pt 8 procedure; and in either of those forms of proceedings interim applications for an interim remedy can be issued under Pt 23.

A similar arrangement applies in family proceedings, save that the generic claim under Pt 7 is not possible. Family proceedings derive from a variety of different statutory sources each with different remedies: matrimonial and financial remedy proceedings under the Matrimonial Causes Act 1973 (and parallel proceedings under the Civil Partnership Act 2004); proceedings under the Children Act 1989; domestic abuse and forced marriage protection under the Family Law Act 1996. These are the main applicable

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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