The Family Procedure Rules 2010 – not to be confused with the Family ProceedINGS Rules 1991 (as amended) – are now available for your delectation. I don’t know many lawyers who would relish the prospect of poring over almost 300 pages of SI, so I’ve done it for you. Not entirely selfless, as it’s a task I had to perform for other reasons (I take the view that it wouldn’t do to write a book about Family Courts without understanding the rules), but regardless of that you may send your thanks, congratulations, contributions or insults my way any time.
The new FPR are hailed as a single consolidated set of rules, in contrast to the mishmash of FPR, FP(CA)R and SCR, CCR, CPR that preceded. However the new rules do appear from first reading to rely rather more heavily on Practice Directions for the essentials than has hitherto been the case. Since those PDs have not yet been made available there are some parts of the picture that unfolds below which remain a little blurry. This then is a first sketch, the detail will have to be in-filled later when the PDs are available and when I’ve recovered from the tedium that is part and parcel of a comparison between old and new rules.
I have not summarized every element of the new rules. Many large chunks of the rules are in fact the same rules in more logical order or expressed in less lawyerly style (although I still don’t think the rules will win any Plain English Crystals (mind you I note with only one raised eyebrow that listed as holders of a Crystal are the ‘Legal Services Board’ (sic) and the Child Support Agency – perhaps crystals are not so hard to come by). I have focused (as you may imagine) on those aspects of the rules which represent a departure from the old, but what has struck me about this exercise is how much material I thought at first scan was new, but in fact was already in the rules. (I make this confession with some confidence that it is not just me to whom this will apply – I know none of you know these rules inside out either – that’s what we pay £300 for the Family Court Practice for!) I had assumed for example that, based on the length of the section concerning the representation of children, there was much new material on this topic. In fact the vast bulk of it is already in the rules, rules we have all probably read at some point but which we scarcely ever refer back to. There are many dusty corners of the FPR which many practitioners will not have had cause to peer into regularly – this is an opportunity to (re)familiarize yourself with those aspects of the rules observed mainly in their breach or which are well known as to content but not as to source (who can tell me the rule number which bars the filling of evidence in section 8 applications except by specific direction of the court?). There are more than one of the rules which had me muttering “good idea – why wasn’t that in the rules before? Oh – it was. Guess we just ignored it”.
So, here is my first run at the mini-FPR 2010. Whatever else it may be it’s a damn sight shorter than the full version. Please let me know if there are any errors or idiocies by posting a comment below.