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Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

24 APR 2013

Without notice orders: FPR 2010, Pt 18

David Burrows

Solicitor Advocate:

Family Procedure Rules 2010 have their own rules for interim remedies (Pt 20) and for applications in proceedings. Interim remedies and their easy grant have attracted recent judicial criticism (eg Charles J B v A (Wasted Costs Order) [2012] EWHC 3127 (Fam), [2013] FLR (forthcoming)); and a series of complex judicial quasi practice directions have been issued without any obvious regard for the existing provisions in the rules.

Part 18 gains added importance with the clear requirement in the new expert evidence rules (Pt 25) that application for any expert evidence must now be by Pt 18; and from the costs allowance rules being inevitably extended as legal aid withers (application for costs allowances and legal services orders under s 22ZA of the Matrimonial Causes Act 1973 by Pt 18 application under FPR 2010, r 9.7).

David Burrows is author of Practice of Family Law: Evidence and Procedure (Jordans, 2012).

The full version of this article appears in the May 2013 issue of Family Law. 


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