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A Family Justice Written Ministerial Statement was laid in Parliament on 22 February 2016 by Mr Shailesh Vara regarding the errors which have previously been found in the calculations of HMCTS Forms E and E1.
Following consultation with the President of the Family Division two specific forms have been created to deal with applications by any parties who are concerned their proceedings may have been affected by the problem.
The forms are D650 Notice of application to vary or set aside a financial order (Form E calculator error) and D651 Notice of application to vary or set aside a financial remedy (Form E1 calculator error).
There is no court fee charged for making this application.
Practice Direction 5A which supplements the Family Procedure Rules has also been amended to make reference to the new forms.
The amends to PD5A are minor to make provision as follows:
2.2 Where an application under the Part 18 procedure is to be made by application notice, the forms to be used are:
(i) Form C2 where the application is made in the course of or in connection with proceedings under Part 12;
(ii) Subject to sub-paragraphs (iii) and (iv), Form D11 where the application is made in the course of or in connection with proceedings under Parts 7, 8 or 9;
(iii) Form D650 where the application is to vary or set aside a financial order where a Form E calculator error has been identified in an online HMCTS FormFinder Form E and the applicant asserts that this has materially or significantly affected the order;
(iv) Form D651 where the application is to vary or set aside an order made in financial remedy proceedings where a Form E1 calculator error has been identified in an online HMCTS FormFinder Form E1 and the applicant asserts that this has materially or significantly affected the order;Any queries about the new forms can be directed to Jo Thambyrajah, Secretary to the Family Procedure Rule Committee at Joanne.Thambyrajah1@justice.gsi.gov.uk.
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