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05 May 2011 / David Burrows
Issue: 7464 / Categories: Features , Family , Costs
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Under new rule (4)

David Burrows examines costs & appeals under the Family Procedure Rules 2010

One of the more unfortunate claims made for the new Family Procedure Rules 2010 (FPR 2010) is that they promote something akin to a family court (as first proposed by the 1974 Finer report on single parent families). If anything these rules push that family law ideal still further away; and the costs (FPR 2010 Pt 28) and appeals (Pt 30) provisions illustrate this particularly starkly in their contrast between Civil Procedure Rules 1998 (CPR 1998) straightforwardness and Family Procedure Rules Committee (FPRC) muddled thinking at the edges.

Parts 28 and 30 respectively incorporate CPR 1998 or are derived from them. but as soon as the rule drafting strays far from CPR 1998, the litigant is mired in an un-family court-like slough (the need of a layperson to understand these rules must be born always in mind).

Costs rules

Many parts of FPR 2010 are derived verbatim from CPR 1998,

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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