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PRACTICE NOTES
This Practice Note details amendments made to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, and all supporting Practice Directions, arranged by year from 2023 onwards. It is maintained as a working archive with entries drafted contemporaneously as news items. Language that appears current or forward-looking reflects the position at the time of writing. Ongoing and prospective developments are tracked separately, see Practice Note: Family—horizon scanner. For an index to FPR 2010 and the associated Practice Directions, see Practice Notes: Family Procedure rules 2010 index and Introduction to the Family Procedure Rules 2010. Amendments in 2026 FPR 2010, PD Update No 4 of 2026 has been issued to extend the procedural underpinning for some non-molestation orders to be shared by HMCTS with the police until 13 July 2027. See: Family Procedure Rules 2010 Practice Direction Update No 4 of 2026. FPR 2010, PD Update No 3 of 2026 has been issued setting out amendments to seven existing Practice Directions, with some changes already in force and others due later in 2026. Key updates include expanded powers for justices’
PRACTICE NOTES
This Practice Note explains how to make an application using the Family Procedure Rules 2010 (FPR 2010), Part 18 procedure. It covers who the respondents will be and which form to use. It sets out the procedure for applications on notice and without notice. It also covers evidence in support, the hearing and it explains the rules relating to telephone hearings and video conferencing. Respondents to applications The respondents to applications under FPR 2010, SI 2010/2955, Pt 18 will be: • where there are existing proceedings or the proceedings have been concluded: ◦ the parties to those proceedings, and ◦ if the proceedings relate to a forced marriage under FPR 2010, SI 2010/2955, Pt 11, the person who is the subject of the proceedings • where there are no existing proceedings: ◦ if notice of intention to adopt or to apply for an order under the Adoption and Children Act 2002 has been given, the local authority to whom notice has been given, and ◦ if an application is made for permission to apply
PRACTICE NOTES
This Practice Note explains which applications should be made using the procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 and also when that procedure does not apply. The Part 18 procedure may be used if the application is made in the course of existing proceedings; to start proceedings except where prescribed otherwise in the rules and in connection with proceedings which have been concluded. General FPR 2010, SI 2010/2955, contain guidance on the procedure and forms for specific types of proceedings including inter alia, applications for matrimonial and civil partnership orders, applications for financial remedies, applications for occupation orders and non-molestation orders, applications for forced marriage protection order and applications relating to children and for other applications made within family proceedings, guidance is found in Parts 18 and 19. FPR 2010, SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure for making applications within existing proceedings or proposed proceedings such as where the courts permission is required to make an application and in certain
PRACTICE NOTES
This practice note explains when the procedure for applications under FPR 2010, Part 19 should be used and provides guidance on the procedure. It covers the forms required and how to complete them, what a respondent should do and the relevant time limits. It also explains about filing evidence and the hearing. General The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 contain guidance on the procedure and forms for specific types of proceedings, eg applications for matrimonial and civil partnership orders; applications for financial remedies; applications for occupation orders and non-molestation orders and applications relating to children and for all other applications made within family proceedings where a specific procedure is not prescribed by a rule or practice direction guidance is found in Parts 18 and 19. FPR 2010, SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure for making applications in the course of existing proceedings or to start proceedings where no other procedure is prescribed or in connection with proceedings which have been concluded or where
PRACTICE NOTES
This Practice Note sets out the overriding objective contained in the Family Procedure Rules 2010 (FPR 2010) and details the factors the court must take into account and how the court must further the overriding objective by active case management. It also summarises key concepts regarding the overriding objective. The overriding objective is a procedural code set out in FPR 2010, SI 2010/2955, 1.1, with the aim of enabling the court to deal with cases justly, having regard to any welfare issues involved. While the concept of an overriding objective was introduced by the Civil Procedure rules 1998, it is not entirely new to family law and was referred to in preceding practice directions. Requirements Dealing with a cases justly includes: • ensuring cases are dealt with expeditiously and fairly • dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues • ensuring that the parties are on an equal footing • saving expense, and • allotting to it an appropriate share of the court’s resources,
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides details of the transitional provisions that were put in place on the coming into force of the Family Procedure Rules 2010, replacing the Family Proceedings Rules 1999 in 2011. It is for background purposes only and is not maintained. For practical guidance on the general principles of the FPR 2010, see Practice Notes: Family Procedure Rules 2010 index, Introduction to the Family Procedure Rules 2010, Court's case management powers—FPR 2010 and FPR 2010—overriding objective. Introduction The transitional arrangements for the Family Procedure Rules, SI 2010/2955 (FPR 2010) are set out in FPR 2010, PD 36A and supplement FPR 2010, Pt 36. FPR 2010, PD 36A deals with the application of the FPR 2010 to proceedings started before 6 April 2011 (existing proceedings). Previous rules Previous rules replaced by the FPR 2010 are defined as the Family Proceedings Rules 1991 (FPR 1991) together with the Rules of the Supreme Court 1965 and County Court Rules 1981 (as in force immediately before 26 April 1999) and: • Maintenance Orders (Facilities for Enforcement)
NEWS
IP analysis: Andrew Moir, partner and David Webb, England and Wales-qualified registered foreign lawyer in Hong Kong, of Herbert Smith Freehills LLP, review the Unified Patent Court (UPC)’s first main action decision on a standard essential patent in Philips v Belkin.
FRC
GLOSSARY
See Financial Reporting Council.
GLOSSARY
Guidance, formerly known as the Smith Guidance, providing best practice guidance relating to audit committees.
GLOSSARY
Guidance which replaced the Higgs Guidance (Suggestions for good practice from the Higgs Report) and is intended to assist companies in applying the principles of the UKCG Code.
GLOSSARY
Specific FRC guidance (Guidance on Risk Management, Internal Control and Related Financial and Business Reporting) for financial years beginning on or after 1 October 2014, thereby replacing the previous guidance including Internal control: revised guidance for directors on the Combined Code (the Turnbull Guidance) and the provisions set out in Going Concern and Liquidity Risk: Guidance for Directors of UK Companies (2009).
NEWS
The Financial Reporting Council (FRC) has, for the first time, published summaries of its corporate reporting reviews. Executive Director of Supervision at the FRC, David Rule, said: ‘Publishing summaries of corporate reporting reviews is an important step towards improving the transparency of the FRC’s monitoring work and an example of the FRC taking forward the Government’s programme to restore trust in audit and corporate governance.’ Previously, the FRC published the names of companies reviewed, whether a full review was conducted and whether substantiative correspondence had been entered into, without providing further details of review findings.