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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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