Guidance

Family Procedure (Amendment) Rules 2020 - April 2020 update

Changes to the Family Procedure (Amendment) Rules 2020 come into force on 6 April 2020 and 6 July 2020.

• From: Family Procedure Rule Committee and Ministry of Justice
• Published: 1 April 2020

Applies to England and Wales

Documents

PD Making document - April 2020

PDF, 510 KB, 17 pages

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Details

The Family Procedure (Amendment) Rules 2020 make amendments to the Family Procedure Rules 2010. Most of the amendments come into force on 6 April 2020. Those that relate to estimates of costs and settlement offers come into force on 6 July 2020.

There are new/amending Practice Direction provisions which come into force at the same time as the associated rule amendments.

These rules and Practice Direction provisions:

• Implement the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 provisions in the family court (see the new rule 2.5 FPR 2010 and new PD2C, plus various consequential rule and Practice Direction amendments)
• Clarify the requirement that all correspondence sent to the court is copied to all parties (with specified exceptions) (see the new rule 5.7 FPR 2010)
• Insert a new Part 41 into the FPR 2010 to make provision for a practice direction to set out procedures to be followed in relation to cases proceeding by electronic means
• Make rule amendments that require parties to financial disputes to provide estimates of legal costs to the court at an early stage and at various stages in a case (see the new rule 9.27 FPR 2010 and the amendments to PD9A and PD17A), and to make early open settlement offers (see new rule 9.27A FPR 2010)
• Insert new rules 12.42B and 12.52A into the FPR 2010 to specify a procedure for the High Court to set aside specified types of order where no error of the court is alleged (see also the amendments to PD12D and PD12F)
• Clarify that in the proceedings to which rules 12.4 and 14.4 FPR 2010 apply, a direction can be applied for that notice of proceedings need not be given to a person with foreign parental responsibility; and clarify that directions under rule 14.21 FPR 2010 can be given by the family court as well as the High Court (see also the amendments to the tables in PD12A and the new paragraph 3.3 of PD12A and the amendments to PD12C, PD14A and PD14C)
• Amend rule 25.5 FPR 2010 to insert reference to the fact that a new practice direction may make provision regarding expert evidence in relation to toxicology testing
• Set out the rules for recordings and obtaining transcripts of, and sharing of informal notes of, family proceedings (see the new rule 27.9 FPR 2010)

View Statutory Instrument No. 135 (L. 7)

Published 1 April 2020