In the first of a series of NLJ articles on the new FPR, David Burrows focuses on how to issue proceedings & transitional provisions
In many respects the Family Procedure Rules 2010 (FPR 2010) are derived from the Civil Procedure Rules 1998 (CPR 1998). Under CPR 1998 most claims are issued under Pt 7. A few claims, eg where evidence is not likely to be greatly in issue (including in judicial review applications), are issued under the Pt 8 procedure; and in either of those forms of proceedings interim applications for an interim remedy can be issued under Pt 23.
A similar arrangement applies in family proceedings, save that the generic claim under Pt 7 is not possible. Family proceedings derive from a variety of different statutory sources each with different remedies: matrimonial and financial remedy proceedings under the Matrimonial Causes Act 1973 (and parallel proceedings under the Civil Partnership Act 2004); proceedings under the Children Act 1989; domestic abuse and forced marriage protection under the Family Law Act 1996. These are the main applicable statutes.
Each type of statutory remedy (wardship remains as almost
