Practice and procedure

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The Family Court deals with all family cases other than a small number of case types over which the High Court retains exclusive jurisdiction. See Practice Note: The single Family Court.

The Financial Remedies Court is a subsidiary structure within the Family Court and is organised into regional financial remedy courts and local hearing venues. In order to increase efficiency and establish best practice in the Financial Remedies Court, the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 are complemented by:

  1. •

    statement on the efficient conduct of financial remedy hearings allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (2016)

  2. •

    statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (2022), issued alongside a Primary Principles document and templates for a composite case summary and schedule of assets and income

See Practice Notes: The Financial Remedies Court, Financial Remedies Court (FRC) toolkit, Financial remedy proceedings allocated below High Court judge level and Financial remedy proceedings allocated to a High Court judge.

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Latest Family News

Correct timescales and the procedure for applications for permission to appeal (Re F (A Minor) (Permission To Appeal))

Family analysis: Mr Justice Hayden gave consideration to the requirements, including timescales, on an application for permission to appeal made to the trial judge and after considering the relevant case law and procedural rules, provided guidance on the correct approach, together with wording to be included in judgments to ensure certainty as to the date of hand-down for the purposes of the Family Procedure Rules 2010 (FPR 2010). Teertha Gupta, KC at 4PB, summarises the approach.

The necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council and others)

Family analysis: The Court of Appeal held that even in cases where the local authority and the parents of a profoundly disabled 14-year-old agreed to a restrictive regime for him, contrary to the decision of Mr Justice Lieven in the court below, a deprivation of liberty (DOLs) order was necessary, as Article 5 of the European Convention on Human Rights (ECHR) was engaged. Had the decision of Lieven J been allowed to stand, the logical consequence would have been that there would have been no need for any local authority to apply for a DOLs order where it holds a care order for the child. The Court of Appeal allowed the appeal and gave clear guidance that a local authority cannot 'mark its own homework'. Teertha Gupta KC at 4PB considers the issues.

Principles applicable by Court of Protection for recognition and enforcement of Scottish Guardianship order (Argyll and Bute Council v RF)

Private Client analysis: The case concerns a guardianship order made in Scotland in January 2025 for three years in respect of RF. There were two issues in the case. The first was whether the guardianship order gave Argyll and Bute Council (‘the Local Authority’) the power to authorise the deprivation of RF’s liberty in England. The second issue was, if so, whether the Court of Protection in England and Wales should grant recognition and enforcement of the guardianship order as applied for by the Local Authority. The Official Solicitor on behalf of RF opposed the application on the grounds that there was no effective route for RF to challenge his confinement or trigger a review of the restrictions on him. In dealing with these arguments the court gave a useful analysis of Article 5 of the European Convention on Human Rights (the Convention) as applied to any specific guardianship order. Written by Lynne Counsell, barrister at Addington Chambers.

President of the Family Division delivers speech on changes and future priorities

The President of the Family Division, Sir Andrew McFarlane, has delivered a speech at the 2025 Resolution Conference reflecting on decades of change in family justice, recent achievements and future priorities. Through collaborative effort, Sir Andrew reflected that the system has achieved a reduction of approximately 20% in public law cases and 30% in private law cases from Covid-era highs.

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