Deputy High Court judge and Recorder

Experts

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David Salter
Solicitor
Deputy High Court judge and Recorder
Contributions by Deputy High Court judge and Recorder Experts

63

Appeals to the Court of Appeal or the Supreme Court
Appeals to the Court of Appeal or the Supreme Court
Practice notes

This Practice Note sets out the requirements in family proceedings when appealing to the Court of Appeal or to the Supreme Court, including provisions in relation to permission, bundles, second appeals and costs. It details the applicable provisions in the Civil Procedure Rules 1998, and reflects the changes to appeals that came into effect on 3 October 2016.

Appeals—general principles, practice and procedure
Appeals—general principles, practice and procedure
Practice notes

This Practice Note details the general principles and procedure to be applied in relation to appeals in family proceedings and wider issues including applications within appeals, the reopening of final appeals, powers of strike out and costs. It details key provisions of Part 30 of the Family Procedure Rules 2010 (FPR 2010) and PD 30A as well as applicable provisions in the Civil Procedure Rules 1998.

Applications for permission to appeal in the Family Court
Applications for permission to appeal in the Family Court
Practice notes

This Practice Note sets out the circumstances in which there is a requirement for permission (leave) to appeal an order made in family proceedings together with guidance on appeal notices, documents required, filing and service, and reflects the changes to appeals that came into effect on 3 October 2016.

Applications to set aside past dealings—MCA 1973, s 37
Applications to set aside past dealings—MCA 1973, s 37
Practice notes

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.

Assessment of costs
Assessment of costs
Practice notes

This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates.

Attachment of earnings order
Attachment of earnings order
Practice notes

This Practice Note sets out the requirements and procedure in relation to enforcement of a maintenance order made in the Family Court or the High Court by way of an attachment of earnings order. It details the provisions of the Attachment of Earnings Act 1971 and Part 39 of the Family Procedure Rules 2010 (FPR 2010) as to debts capable of enforcement and the applicable procedure, including who can apply, where the application should be issued, and variation, lapse and discharge of the order. It also looks at the consequences of failure to comply with an order and the cost implications of an order being made.

Brexit—children proceedings
Brexit—children proceedings
Practice notes

This Practice Note provides guidance on the implications of Brexit in relation to children proceedings, including private children, public children and child abduction proceedings and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after the implementation period (IP) completion day (31 December 2020).

Brexit—financial remedies
Brexit—financial remedies
Practice notes

This Practice Note sets out the jurisdictional implications in relation to financial remedy family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

Brexit—jurisdiction and family proceedings
Brexit—jurisdiction and family proceedings
Practice notes

This Practice Note sets out the jurisdictional implications in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after the implementation period (IP) completion day (31 December 2020).

Brexit—recognition and enforcement in family proceedings
Brexit—recognition and enforcement in family proceedings
Practice notes

This Practice Note sets out the implications as to recognition and enforcement in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after the implementation period (IP) completion day (31 December 2020).

Brexit—service of documents in family proceedings
Brexit—service of documents in family proceedings
Practice notes

This Practice Note considers the impact of the UK exiting the EU (commonly known as Brexit) on the service of court documents in family proceedings within the EU. It considers the position under Regulation (EC) 1393/2007 (the Service Regulation) and the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

Brexit—taking of evidence in family proceedings
Brexit—taking of evidence in family proceedings
Practice notes

This Practice Note sets out the implications as to the taking of evidence in the EU in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

Charging orders
Charging orders
Practice notes

This Practice Note sets out the requirements to enforce an order made in family proceedings by way of a charging order as provided for by the Charging Orders Act 1979. It includes details of debts that can be enforced, assets that can be charged and enforcement by sale. It also sets out the procedure to be adopted in accordance with Part 40 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 40A.

Choice of court agreements
Choice of court agreements
Practice notes

This Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England and Wales and the impact of Brexit upon this type of agreement. It looks at choice of court agreements in the broader context of jurisdiction both prior to and following Brexit, where it may be possible to choose a jurisdiction or seek to transfer proceedings.

Domicile and habitual residence
Domicile and habitual residence
Practice notes

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law. The implications of Brexit, including transitional provisions, are also considered.

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