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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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