The following Family Q&A provides comprehensive and up to date legal information covering:
While proceedings under the Trusts of Land and Appointment of Trustees Act 1996 are dealt with under the Civil Procedure Rules 1998 (CPR), SI 1998/3132, proceedings under Schedule 1 to the Children Act 1989 (ChA 1989) and section 17 of the Married Women’s Property Act 1882 are subject to the Family Procedure Rules 2010, SI 2010/2955. A Part 36 offer (ie made under CPR 36) will therefore only be effective as to costs in relation to proceedings that are subject to the CPR. See also Practice Note: TOLATA 1996—Part 36 offers.
Even where the parties are spouses or civil partners, Crozier v Crozier is authority that while the parties can achieve a clean break between themselves, they cannot do so in respect of their child. Accordingly, section 25A of the Matrimonial Causes Act 1973 provides that (emphasis added):
‘…it shall be the duty of the court to consider whether it wo
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