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23 June 2011 / Geraldine Morris
Issue: 7471 / Categories: Features , Family
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Under new rule (6)

Geraldine Morris considers whether the options for financial relief in family proceedings are on the right track

Practitioners are likely by now to have started to experience the changes introduced by the Family Procedure Rules 2010 (FPR 2010). In relation to financial orders (ancillary relief as was) the majority of the relevant procedural provisions can be found in FPR 2010, Pt 9 and the linked practice direction (PD) 9A. However, a feature of the new rules is that no application to the court, whether financial or children related, can be looked at in isolation. The overarching principles either introduced or cemented by the rules will impact on financial orders as much as any other. Key provisions to take into account are:

 

  • Terminology—the glossary to the FPR 2010 isn’t particularly enlightening (most practitioners will surely know the meaning of “affidavit”) but it is clear from the rules themselves that an attempt has been made to modernise the terminology which in the case of financial proceedings is marked by a shift from the slightly antiquated
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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