header-logo header-logo

Civil & family proceedings: where do the twain meet?

03 March 2023 / David Burrows
Issue: 8015 / Categories: Features , Family , CPR , Procedure & practice
printer mail-detail
113330
David Burrows delves into the origins of the Family Procedure Rules 2010: how do they overlap with their civil counterparts?
  • Key examples of crossover between the Family Procedure Rules 2010 and the Civil Procedure Rules 1998.

Parts of the Family Procedure Rules 2010 (FPR 2010) cannot be understood without reference to their parallel progenitors in the Civil Procedure Rules 1998 (CPR 1998). Examples of this crossover between sets of rules follow; but first, a little history. For reasons which remain mystifying, the committee that set up CPR 1998 decreed that they should not apply to family proceedings (CPR 2.1(2)). Family proceedings were ghettoised and got their own rules 12 years later, namely FPR 2010. Between 1999 and 2011, parties to family proceedings had to continue with the older civil rules (ie Rules of Supreme Court 1965 etc). Yet, both sets of rules regulate the same statute and common law in civil and family proceedings, though in different factual contexts

Many of the CPR 1998

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll