header-logo header-logo

Under new rule (4)

05 May 2011 / David Burrows
Issue: 7464 / Categories: Features , Family , Costs
printer mail-detail

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, but

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll