FPR 2010 fundamental principles and index

Introduction

The implementation of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 on 6 April 2011 was the largest wholesale reform of family procedure since the introduction of the Family Proceedings Rules 1991 (FPR 1991). Subsequently, numerous amendments have been made to FPR 2010, notably as to the introduction of the single Family Court in 2014 and a number of pilot schemes—see Practice Notes:FPR 2010—recent and forthcoming amendments and Pilot schemes in the Family Court for further details. The rules are made up of 41 parts, divided into separate chapters and rules,

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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