Practice and procedure

Practice and procedure guidance:

This Practice Note provides guidance on the requirements for permission to adduce expert evidence and restrictions on expert evidence, together with...

Practice Note

Changes were made in relation to appeals as a result of the introduction of the single Family Court with effect from 22 April 2014, see Practice Note: Appeals—general...

Practice Note

Court of Appeal Appeals to the Court of Appeal are governed by Part 52 of the Civil Procedure Rules 1998, SI 1998/3132 (CPR) and CPR PD 52C. Changes to Pt...

Practice Note

Reforms to the family justice system that took effect on 22 April 2014 made changes to appeals, in particular as a result of the introduction of the Family Court. Certain...

Practice Note

Reforms to the family justice system that took effect on 22 April 2014 made changes to appeals, in particular as a result of the introduction of the single Family Court....

Practice Note

This Practice Note deals with the requirements under the Mental Capacity Act 2005 (MCA 2005) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 and FPR...

Practice Note

This Practice Note considers the impact that the UK exiting the EU (commonly known as Brexit), will have on the service of court documents in family...

Practice Note

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will be given to it, will...

Practice Note

This Practice Note considers the approach taken by the family courts in relation to issues of capacity and how capacity may be assessed including expert evidence. In the...

Practice Note

The common law presumption of capacity In the common law, every person is presumed to have mental capacity until the contrary is proved. Where a person has been proved or...

Practice Note

Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the terms 'residence' and 'contact' have...

Practice Note

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules in respect of private law proceedings relating to...

Practice Note

Civil restraint orders in family proceedings The court can order one of three types of civil restraint order (CRO) against a party that has made applications that are...

Practice Note

Features The collaborative process involves the instruction by each party of a collaborative lawyer and the entering into of a collaborative participation...

Practice Note

General rule on costs The general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the event. However, pre-emptive cost orders...

Practice Note

The overriding objective The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 1 sets out the overriding objective. The overriding objective is to...

Practice Note