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Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?

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Last updated on 02/03/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?

Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?

The rules'>Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.17(3)–(4) provide that a case may not be transferred from the Family Court to the High Court unless the decision to transfer is made by:

  1. the President of the Family Division

  2. an ordinary judge of the Court of Appeal

  3. a puisne judge of the High Court, or

  4. one or more of the circumstances in FPR 2010, PD 29C apply

A joint statement by the President of the Family Division and HMCTS Family Business Authority was issued in April 2013 and provides that except for reserved work, cases that are required to be heard by a High Court judge will be heard in the Family Court by a High Court judge.

On 5 June 2014 Mostyn J released a statement on the efficient conduct of financial remedy final hearings allocated to be heard by a High Court judge. The statement was authorised by the President of the Family Division. The statement was then revised on 1 July 2015 and its requirements extended to all proceedings in the Family Court (the previous statement having been limited to the Central Family Court only). The statement was further amended with effect from 1 February 2016, see: Statement on the

Related documents:
Key definition:
Family Procedure Rules definition
What does Family Procedure Rules mean?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 implemented on 6 April 2011 was the largest wholesale reform of family procedure since the introduction of the Family Proceedings Rules 1991 (FPR 1991) and are made up of 40 parts.

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