header-logo header-logo

30 June 2011 / David Burrows
Issue: 7472 / Categories: Features , Family
printer mail-detail

Under new rule (7)

David Burrows investigates the “gap procedures” under the new FPR

Six recent articles on the Family Procedure Rules 2010 (FPR 2010) have described what is in the rules (see end). But what has been left out? What should be there but has been overlooked? It will be difficult for parties—especially for the increasing numbers of litigants in person—to define how to proceed where a procedural requirement has been left out. What is to be done where the rules are silent or give no procedural help, where there is a gap in the rules?

This article looks at these “gap procedures”. Is it a matter for the court’s discretion (as the Ministry of Justice will say) as to how the gaps are filled; or is a judge required to look elsewhere for guidance as to the law?

The Court of Appeal had referred to the problem even before the rules came into effect. Goldstone v Goldstone and ors [2011] EWCA Civ 39, [2011] All ER (D) 218 (Jan) proceeded under the old rules. There the question arose in ancillary relief proceedings as to by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll