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11 March 2020 / Stephen Gold
Issue: 7878 / Categories: Procedure & practice , Features , Civil way , Procedure & practice
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Civil way: 13 March 2020

Family Rules, OK! 
 

 

Family fare: first course

 

There’s impacting stuff for sneaks, the costs reckless and family practitioners (not mutually exclusive) out of the Family Procedure (Amendment) Rules 2020 (SI 2020/135). None, however, are likely to be too exercised by the end, not literally, of justices’ clerks and assistant justices’ clerks who join the mob of the all-powerful justices’ legal advisers.

As from 6 April 2020, the same scheme for communications with the court as has been applied by the CPR (see 169 NLJ 7833, p13) is lifted and extended to family proceedings. If the communication contains any representation on a matter of substance or procedure, it must be copied to the other party or their representatives and state on its face that this is being done. Unless otherwise directed, a non-compliant communication will be returned without being considered by the court and with a brief explanation. Subject to hearing from the parties, the court may also impose sanctions or exercise other case management powers. The exemptions? A compelling reason for non-disclosure provided it is explained—a nonsense

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