Practice and Procedure in Family Law Proceedings

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Speaker:
Hayley Trim, Family Law PSL
Published:
Format:
E-Training
Category:
Family

Are you ready for the introduction of the Family Procedure Rules 2010 on 6 April 2011?  The Rules will provide a single comprehensive set of guidance for family law proceedings in the High Court, County Court and Magistrates' Courts.  Hayley Trim, Family Law Professional Support Lawyer, Jordan Publishing, provides practical insight and guidance on the new Rules, practice directions and forms.  This podcast delivers essential practice expertise, cost effectively and at your convenience.  Hayley will help you manage the introduction of this critical new legislation, enabling you to advise your clients about family law practice and procedure with confidence and accuracy.

What is included?

  • Audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
  • Assessment facility – take a multiple choice test online to gain 1 CPD point
  • Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes

Gain insight into:

The structure and scope of the Family Procedure Rules 2010

The ‘overriding objective’ and in particular:-

  • When the court is required to give effect to it;
  • The extent of it’s application; and
  • What practical application of the concept will mean for practitioners and their clients. 

The Court’s case management powers and sanctions for non-compliance with the Family Procedure Rules 2010

Compliance with pre action protocols

The importance of alternative dispute resolution and considerations for the parties, in particular the mediation information and assessment meeting and when an exception can be relied on

Changes to procedure implemented by the Family Procedure Rules 2010, especially:-

  • Commencement of proceedings;
  • Evidential considerations;
  • The use of statements of truth;
  • Obtaining a decree of divorce;
  • Procedures in relation to financial remedies, disclosure and consent orders;
  • Rules relating to children proceedings including the Hague Convention 1996;
  • Enforcement, costs and appeals.

Level of Expetrtise

Intermediate

Who Should Listen?

Solicitors
Barristers
Paralegals
Legal Executives
Trainees

Running Time

49 minutes

*This audioCPD is a little dated and now part of the archive

Hayley Trim, Family Law PSL

Hayley is a Family Law Professional Support Lawyer for Jordan Publishing having previously practised as a family solicitor in London. She provides updates on cases and other relevant developments as they happen for the on-line major works: The Family Court Practice, Hershman and McFarlane: Children Law and Practice and Duckworth’s Matrimonial Property and Finance. She produced the case summaries for the 2010 Autumn Supplement for The Family Court Practice and has recently been analysing the new Family Procedure Rules 2010, creating destination and derivation tables for the forthcoming 2011 edition of The Family Court Practice. She contributes a regular opinion column for Family Law Newswatch and has written articles for the November and December 2010 editions of Family Law journal.

Family Proceedings Rules 1991

Family Procedure (Adoption) Rules 2005

Rules of the Supreme Court 1965

County Court Rules 1981
 
Goldstone v Goldstone [2011] EWCA Civ 39

Magistrates Court Act 1980

Private Law Programme

Public Law Outline

President’s Practice Direction of 25 May 2000, [2000] 1 FLR 997

Resolution Good Practice Guide to Disclosure. 

Practice Direction, Experts in Family Proceedings Relating to Children of 1 April 2008, [2009] 2 FLR 1383

Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this podcast and completing the online assessment correctly will receive a credit of 1 CPD point.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

Please quote CPD reference:  EH/Jord.

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.

  • Add the audioCPD(s) to your cart and pay by credit card
  • You will receive an email with your username and password
  • Log into MyCPD to access the files at your convenience
  • Listen to the audioCPD and answer 3 out of 5 multiple choice questions correctly to gain your CPD point

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