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International Family Law

The leading authority on international family law

28 FEB 2013

Legislation Update

The Civil Procedure (Amendment) Rules 2013 SI 2013/262 amend the Civil Procedure Rules 2013, SI 2013/3132 as of 1st April. 2013.

A series of amendments to implement recommendations made in the Review of Civil Litigation Costs: Final Report, 21 December 2009 (the Costs Review), in particular:

Amendments in relation to costs management, as follows -

- CPR rule 1.1(1) and (2) are amended to change the overriding objective to include the objective to deal with cases at proportionate cost (rule 4 of these Rules);

- the division of Part 3 of the CPR into Sections, the first containing current rules on case management (CPR rules 3.1 to 3.11) the second containing new rules on costs management (CPR rules 3.12 to 3.18) and the third containing rules on costs capping (CPR rules 3.19 to 3.21) (rule 5(a) to (c) and (h) of these Rules);

- an insertion into the Glossary of the definition of "budget" (rule 21(a) of these Rules);

A new rule 3.1(8) is added, relating to monitoring parties' compliance with directions (rule 5(d) of these Rules);

Amendments to replace allocation questionnaires with directions questionnaires (rules 5(e), 8(a) to (e) and (h) of these Rules);

A new rule 3.9(1) is substituted for the existing provision, and a consequential amendment is made to rule 3.8 relating to sanctions (rules 5(f) and (g) of these Rules);

An amendment to rule 29.1 in relation to standard directions in the multi-track, to add a provision that the parties and the court should take standard and model directions as a starting point for directions (rule 10(a) of these Rules);

Amendments to rules 29.2, 29.4 and 29.8 in relation to timetabling and the steps following allocation to the multi-track (rule 10(b), (c) and (d) of these Rules);

The replacement of rule 31.5 in relation to disclosure in multi-track cases (rule 11 of these Rules);

The insertion of a new paragraph into rule 32.2 in relation to court directions about factual witness statements (rule 12 of these Rules);

Amendments to rule 35.4 in relation to the costs of expert evidence (rule 13 of these Rules);

Amendments to rule 36.14 in relation to Part 36 offers (rule 14 of these Rules);

The revocation of Part 43 and the replacement of Parts 44 to 48 with the following new Parts on costs:

- Part 44 - General rules about costs;

- Part 45 - Fixed costs;

- Part 46 - Costs - special cases;

- Part 47 - Procedure for detailed assessment of costs and default provisions; and

- Part 48 - Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 relating to civil litigation funding and costs: transition provision in relation to precommencement funding arrangements (rules 15 and 16 of and the Schedule to these Rules);

Various consequential amendments resulting from the introduction of new Parts 44 to 48 (in particular rule 7 of these Rules);

The introduction of a new rule 52.9A in relation to appeal costs (rule 17 of these Rules); and

An addition of the definition of "damages-based agreement" to the Glossary (rule 21(b) of these Rules); and

- the following amendments which are other than in relation to the Costs Review-

Amendments to increase the small claims track limit from £5,000 to £10,000 (rules 6, 8(f) and (g), 9(a) and (c) and 18 of these Rules);

Amendment to rule 27.5 to correct a cross-reference (rule 9(b) of these Rules);

Amendment to rule 54.6 in relation to Aarhus Convention claims (rule 18 of these Rules); and

The omission of CCR Order 27 rule 7A(3) as a consequence of the introduction of Part 81 of the Civil Procedure Rules (Applications and proceedings in relation to contempt of court) (rule 20 of these Rules).


Family Procedure Amendment (No 5) Rules; SI 2012/3061 amend the Family Procedure Rules 2010; SI 2010/2955 as of 13th January 2013.

These rules amend the Family Procedure Rules 2010 by-

- in Part 1 (the Overriding Objective) replacing paragraph (2) of rule 1.4 with a new paragraph (2) which adds " controlling the use of expert evidence " to what is included in active case management and alters the order of matters which is included placing setting timetables and controlling the progress of the case first on the list;

- in Part 12 (Proceedings relating to children except parental order proceedings and proceedings for applications in adoption, placement and related proceedings) omitting rules 12.20 and 12.74 so that similar rules can be contained alongside other rules relating to expert evidence and substituting the term "children proceedings" for "proceedings relating to children"in the heading to the Part and to Chapter 7 and in rule 12.43(a ) so that this terminology is in line with that used in the substituted Part 25;

- inserting a new Part 25 (Experts and assessors) which replaces the existing Part and changes that Part by mainly-

- altering the duty to restrict expert evidence to one where expert evidence has in the opinion of the court to be necessary to assist the court to resolve the proceedings;

- defining "expert" and "single joint expert" by reference to a person who provides expert evidence for use in the proceedings and expressly expanding those who are excluded from being an expert to include, for example, a person providing or giving proceedings in the course of the person's work for the local authority;

- providing for factors to which the court is to have particular regard when deciding in children proceedings whether to give permission for an expert to be instructed, a child to be medically or psychiatrically examined or otherwise assessed or expert evidence (in any form) to be put before the court and for factors relevant to giving permission for expert evidence to be put before the court in relation to other family proceedings such as financial remedy proceedings;

- requiring , unless the court directs otherwise , the application for the court's permission relating to expert evidence to be made as soon as possible and no later than a specified hearing in certain proceedings-for example, no later than the Case Management Conference in public law proceedings;

- providing for the application of the Part 18 procedure to applications for the court's permission, a draft order to be attached to the application and in children proceedings, for the application to state the questions which the expert is to be required to answer;

- in children proceedings, where the court grants permission, providing for the court to approve the questions which the expert is required to answer and specify the date by which the expert is to receive the letter of instruction;

- requiring within 10 business days after the final hearing for the party instructing the expert or party responsible for doing so to inform the expert in writing of the court's determination and the use made by the court of the expert's evidence;

- requiring copies of orders and other documents affecting an expert and filed after the time of instruction of the expert to be sent to the expert within a specified time and after the final hearing, for the expert to be sent a copy of the final order of the court, any transcript of the court's decision or in the magistrates' court, reasons for the decision.


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