header-logo header-logo

30 June 2011 / David Burrows
Issue: 7472 / Categories: Features , Family
printer mail-detail

Under new rule (7)

David Burrows investigates the “gap procedures” under the new FPR

Six recent articles on the Family Procedure Rules 2010 (FPR 2010) have described what is in the rules (see end). But what has been left out? What should be there but has been overlooked? It will be difficult for parties—especially for the increasing numbers of litigants in person—to define how to proceed where a procedural requirement has been left out. What is to be done where the rules are silent or give no procedural help, where there is a gap in the rules?

This article looks at these “gap procedures”. Is it a matter for the court’s discretion (as the Ministry of Justice will say) as to how the gaps are filled; or is a judge required to look elsewhere for guidance as to the law?

The Court of Appeal had referred to the problem even before the rules came into effect. Goldstone v Goldstone and ors [2011] EWCA Civ 39, [2011] All ER (D) 218 (Jan) proceeded under the old rules. There

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
back-to-top-scroll