It was long overdue but we all waited with baited breath to hear about The Family Procedur e Rules 2010 (“FPR”) which was announced last year. Previously, anybody wanting to conduct any matters within the “family field” had a myriad of legislation, case law and statutory instruments to wade through before they embarked on this endeavour primarily through the Civil Procedure Rules – it was a one size fits all kind of scenario.
So, at long last, family lawyers London can welcome, with open arms, all 300 pages of The Family Procedure Rules 2010. These will come into force 6th April 2011.
The new FPR are a single consolidated set of rules together with helpful Practice Directions and forms. The Rules are for family proceedings in the High Court, County Courts and Magistrates’ Courts based on the model initially established by the Civil Procedure Rules.
There are 4 key objectives that the Rules aimed to achieve, namely, the modernisation of language, streamlining of procedure and harmonisation with the Civil Procedure Rules, a single unified code of practice and alignment in all levels of court. It has an overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.
OVERRIDING OBJECTIVE – Part 1
Part 1.1.
These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.
(2) Dealing with a case justly includes, so far as is practicable—
(a) ensuring that it is dealt with expeditiously and fairly;
(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;
(c) ensuring that the parties are on an equal footing;
(d) saving expense; and
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
Application by the court of the overriding objective
1.2. The court must seek to give effect to the overriding objective when it—
(a)exercises any power given to it by these rules; or
(b)interprets any rule.
Duty of the parties
1.3. The parties are required to help the court to further the overriding objective.
Amongst the rules, there is increasing pressure upon court time and resources and shifts in emphasis in recent years: encouragement to parties to engage in ADR (previously mediation), and matters of strategic case planning such as attention to who should be a party at an early stage, the order in which issues should be resolved, dealing with multiple issues at one hearing if possible, dealing with matters without the attendance of the parties where possible and a general cost benefit analysis on an issue by issue basis.
To conclude
The new set of Rules come in one cohesive set of Rules which will be helpful to all those who practice in family law.
Within the rules there are some new definitions and terminology, such as Decrees of divorce or dissolution orders which will be become known as matrimonial orders or civil partnership orders. Ancillary Relief becomes a Financial Order which is a welcome change as the term “Ancillary Relief” meant very little to the lay person!
As with all new areas of legislation, practitioners and lay people alike will have to adopt a wait and see attitude as to how the impact of this new legislation will pan out. Most of us lawyers are a distinctly cautious bunch but the advent of one comprehensive set of Rules as a catch all provision can only be seen as a good thing. Indeed, it will be a “one stop shop” as practitioners will know where they need to look to find what they need. This is a moving target but watch this space – we are living in exciting times.
Christina Pieri
Property Lawyer London at Mark & Co Solicitor London
www.markandcolawyers.co.uk
So, at long last, family lawyers London can welcome, with open arms, all 300 pages of The Family Procedure Rules 2010. These will come into force 6th April 2011.
The new FPR are a single consolidated set of rules together with helpful Practice Directions and forms. The Rules are for family proceedings in the High Court, County Courts and Magistrates’ Courts based on the model initially established by the Civil Procedure Rules.
There are 4 key objectives that the Rules aimed to achieve, namely, the modernisation of language, streamlining of procedure and harmonisation with the Civil Procedure Rules, a single unified code of practice and alignment in all levels of court. It has an overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.
OVERRIDING OBJECTIVE – Part 1
Part 1.1.
These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.
(2) Dealing with a case justly includes, so far as is practicable—
(a) ensuring that it is dealt with expeditiously and fairly;
(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;
(c) ensuring that the parties are on an equal footing;
(d) saving expense; and
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
Application by the court of the overriding objective
1.2. The court must seek to give effect to the overriding objective when it—
(a)exercises any power given to it by these rules; or
(b)interprets any rule.
Duty of the parties
1.3. The parties are required to help the court to further the overriding objective.
Amongst the rules, there is increasing pressure upon court time and resources and shifts in emphasis in recent years: encouragement to parties to engage in ADR (previously mediation), and matters of strategic case planning such as attention to who should be a party at an early stage, the order in which issues should be resolved, dealing with multiple issues at one hearing if possible, dealing with matters without the attendance of the parties where possible and a general cost benefit analysis on an issue by issue basis.
To conclude
The new set of Rules come in one cohesive set of Rules which will be helpful to all those who practice in family law.
Within the rules there are some new definitions and terminology, such as Decrees of divorce or dissolution orders which will be become known as matrimonial orders or civil partnership orders. Ancillary Relief becomes a Financial Order which is a welcome change as the term “Ancillary Relief” meant very little to the lay person!
As with all new areas of legislation, practitioners and lay people alike will have to adopt a wait and see attitude as to how the impact of this new legislation will pan out. Most of us lawyers are a distinctly cautious bunch but the advent of one comprehensive set of Rules as a catch all provision can only be seen as a good thing. Indeed, it will be a “one stop shop” as practitioners will know where they need to look to find what they need. This is a moving target but watch this space – we are living in exciting times.
Christina Pieri
Property Lawyer London at Mark & Co Solicitor London
www.markandcolawyers.co.uk
