Family Procedure Rules 2010—what’s changing?

Family Procedure Rules 2010—what’s changing?

With effect from 6 April 2016 there are various amendments to the Family Procedure Rules 2010 (FPR 2010), including the addition of two new Parts and a new Practice Direction. The changes are made by the Family Procedure Amendment Rules 2016, SI 2016/355 (the Amendment Rules) that, inter alia, introduce a new Pt 39 (attachment of earnings orders) and a new Pt 40 (charging orders, stop orders and stop notices). In addition there is a new PD 40A regarding charging orders. There are also some minor amendments regarding strike out applications (to Pt 4 and PD 4A), to PD 5A in relation to forms, and to PDs 12B (Child Arrangements Programme) and 2A (Functions of the Court).

What is the background to the changes?

The changes regarding enforcement (charging orders, attachment of earnings orders, stop orders and stop notices) follow on from amendments to the Civil Procedure Rules 1998 (CPR 1998).

In addition, in Wyatt v Vince [2015] UKSC 14 the Supreme Court identified a difficulty in seeking to strike out a statement of case when the form of application, in that case a Form A, contained no grounds for making the application. As a consequence, a new FPR 2010, 4.4(1A) has been inserted.

See: Practice Direction Amendment Document - Final for further details of the PD changes and here to access the Amendment Rules.

What are the key changes?

Enforcement

Amendments to the CPR 1998 also take effect on 6 April 2016. FPR 2010 imports the relevant provisions of the CPR 1998 as to enforcement (primarily in Pt 33, and now also in the new Pts 39 and 40). CPR 1998, Pt 73 (regarding charging orders) has been revised, and a new CPR 1998, Pt 89 deals with attachment of earnings (replacing the County Court Ru

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About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).