Part two: David Burrows offers further thought on the Family Proceedings Rules 2010
The previous article (NLJ, 7 January 2011, p 12) looked in outline at the structure of the new Family Procedure Rules 2010 (FPR 2010) (SI 2010/2955) This article looks at the procedures under the new rules and at the influences upon them of Civil Procedure Rules 1998 (CPR 1998).
It attempts also a few thoughts towards a philosophy for family proceedings rules: not a factor which was obviously attempted by the FPR 2010 rule-makers. They had nothing akin to the extensive consultation carried out by Lord Wolfe—himself one of the late twentieth century’s leading judicial/jurisprudential minds—and to the two reports prepared by Lord Wolfe’s committee.
In fairness to the rule-makers, they were set an impossible task with very limited resources. Civil proceedings deal procedurally with a linear process: a claim is issued and proceeds logically by steps provided for in CPR 1998 which are common to most claims, to a judgment and court order. The application in family proceedings under FPR 2010 by comparison, is bi-linear—at least; while the unfortunate
