Family Procedures Rules 2010 - Practice Direction 4B - Civil Restraint Orders

14 FEB 2011

This Practice Direction supplements FPR rule 4.8


1.1 This practice direction applies where the court is considering whether to make -

(a) a limited civil restraint order;

(b) an extended civil restraint order; or

(c) a general civil restraint order,

against a party who has made applications which are totally without merit.

Rules 4.3(7), 4.4(5) and 18.13 provide that where a statement of case or application is struck out or dismissed and is totally without merit, the court order must specify that fact and the court must consider whether to make a civil restraint order. Rule 30.11(5) makes similar provision where the appeal court refuses an application for permission to appeal, strikes out an appellant's notice or dismisses an appeal.

The powers of the court to make civil restraint orders are separate from and do not replace the powers given to the court by section 91(14) of the Children Act 1989.

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online