Contents

v Updates

vii Preface to the Ninth (2020–21) Edition

xi Note on Brexit

xiii Family Procedure Rules 2010: Outline of Provisions

1 PART 1: OVERRIDING OBJECTIVE

1 COMMENTARY1 Overview1 Sanctions3 Proportionality5 The OS v DS hearing5 Active case management11 Litigants in person and the overriding objective

17 RULES17 The overriding objective17 Application by the court of the overriding objective17 Duty of the parties17 Court’s duty to manage cases18 The Welsh language

19 PART 2: APPLICATION AND INTERPRETATION OF THERULES

19 COMMENTARY

21 RULES21 Application of these Rules21 The glossary21 Interpretation28 Power to perform functions conferred on the court by these rules and practice directions28 Single lay justice: power to refer to the family court28 Court’s discretion as to where it deals with cases28 Computation of time28 Dates for compliance to be calendar dates and to include time of day

29 PRACTICE DIRECTION 2A: FUNCTIONS OF THE COURT IN THE FAMILYPROCEDURE RULES 2010 AND PRACTICE DIRECTIONS WHICH MAY BE PERFORMEDBY A SINGLE LAY JUSTICE

29 Table 133 Table 2

36 PRACTICE DIRECTION 2B: REFERENCES IN THE RULES TO ACTIONS DONE BY THECOURT OR BY A COURT OFFICER

37 PART 3: NON-COURT DISPUTE RESOLUTION

37 COMMENTARY37 Overview38 Chapter 1: Interpretation38 Chapter 2: The court’s duty and powers generally47 Chapter 3: Family Court Mediation Information and Assessment Meetings48 Scheme requirements50 Conduct of MIAMs (rule 3.9)51 Making an application (rule 3.7)51 Circumstances in which the MIAM requirement does not apply: MIAM exemptions and

mediator’s exemptions (rule 3.8)52 MIAM exemption not validly claimed (rule 3.10)54 EU Mediation Directive54 Private FDR56 Arbitration: the IFLA Financial Arbitration Scheme56 Introduction to the IFLA Financial Arbitration Scheme59 Scope of the IFLA Financial Arbitration Scheme60 Choosing an arbitrator60 The arbitration agreement62 Prenuptial agreements incorporating an ‘arbitration agreement’62 Confidentiality64 Applying for a stay of court proceedings67 Court reliefs and remedies ancillary to arbitration under AA9667 Arbitrator’s powers in case of a party’s default: enforcement of arbitrator’s peremptory orders69 Securing the attendance of witnesses70 Court powers exercisable in support of arbitral proceedings71 Allocation and procedure: ‘Arbitration claims’ and Form N876 Post-award: MIAMs77 The judicial response to an arbitral award77 Post-award consent applications for incorporating orders81 Post-award opposed ‘show cause’ applications for incorporating orders88 Challenges and appeals under AA9691 Correction of an award under section 57 of AA9694 Arbitration Award Recitals in Standard Orders 2.1: Financial Remedy Order and 2.2: Order

under the Children Act 1989, Schedule 195 Agreement to refer future disputes to arbitration96 Applications to court to enforce an award under section 66 of AA9697 Recognition and enforcement of New York Convention Awards98 Orders for payment in respect of legal services: an unresolved question99 The International Family Law Arbitration Scheme

100 RULES100 Chapter 1: Interpretation100 Chapter 2: The Court’s duty and powers generally100 Scope of this Chapter100 The court’s duty to consider non-court dispute resolution101 When the court will adjourn proceedings or a hearing in proceedings101 Chapter 3: Family Mediation Information and Assessment Meetings (MIAMs)101 Scope of this Chapter101 Applications to which the MIAM requirement applies

xviii Contents

101 Making an application101 Circumstances in which the MIAM requirement does not apply (MIAM exemptions and

mediator’s exemptions)103 Conduct of MIAMs104 MIAM exemption not validly claimed

104 PRACTICE DIRECTION 3A: FAMILY MEDIATION INFORMATION AND ASSESSMENTMEETINGS (MIAMS)

104 Summary105 Background: Consideration of mediation and other non-court dispute resolution105 The applications to which the MIAM requirement applies105 Private law proceedings relating to children105 Proceedings for a financial remedy106 Making an application107 MIAM exemptions107 MIAM exemption – Domestic violence108 MIAM exemption – Bankruptcy108 Finding an authorised family mediator109 Funding attendance at a MIAM109 Attending a MIAM109 MIAM exemption: Inquiries by the court110 Definitions

112 PART 3A: VULNERABLE PERSONS: PARTICIPATION INPROCEEDINGS AND GIVING EVIDENCE

112 COMMENTARY115 Definition of vulnerable persons115 Duties of the court116 Participation directions116 Protected parties117 Ground rules hearings117 Cross examination

117 RULES117 Interpretation118 Application of provisions in this Part118 Court’s duty to consider vulnerability of a party or witness118 Court’s duty to consider how a party can participate in the proceedings118 Court’s duty to consider how a party or a witness can give evidence118 Protected parties118 What the court must have regard to119 Measures119 When the duties of the court apply and recording reasons for decisions made under this Part119 Application for directions under this Part120 Procedure where the court makes directions of its own initiative120 Functions of officers of the Service and Welsh family proceedings officers

120 PRACTICE DIRECTION 3AA: VULNERABLE PERSONS: PARTICIPATION INPROCEEDINGS AND GIVING EVIDENCE

120 Preamble and interpretation121 Factors to which the court has to have regard when considering the vulnerability of a party or

witness mentioned: rule 3A.3(1) FPR121 Guidance about vulnerability: rule 3A.3(2) FPR121 Participation directions: participation other than by way of giving evidence

Contents xix

121 Participation directions: the giving of evidence by a vulnerable party, vulnerable witness orprotected party

122 Ground rules hearings122 Matters to be included in an application form for directions: rule 3A.10(2) FPR123 Annex

124 PART 4: GENERAL CASE MANAGEMENT POWERS

124 COMMENTARY124 General powers of management126 Applications to vary, revoke or set aside a previous order126 Substantive orders129 Fraud131 Mistake132 Barder applications136 Requirement of original due diligence137 Variation137 Case management and interlocutory orders139 Reconsideration of judgment prior to sealing order143 Joinder146 Altering time limits146 Consolidation147 Conditions147 Court acting on its own initiative148 Power to strike out a statement of case153 Debarring orders157 Duplicative claims159 Cause of action and issue estoppel161 Abusive collateral attack163 Other abusive applications165 Sanctions176 Rectification of errors of procedure176 Civil restraint orders178 The purpose of CROs179 Who may make CROs179 Limited CRO180 Extended CRO182 General CRO183 Variation or discharge of a CRO183 Section 42 of the Senior Courts Act 1981

184 RULES184 The court’s general powers of management185 Court officer’s power to refer to the court185 Court’s power to make order of its own initiative186 Power to strike out a statement of case186 Sanctions have effect unless defaulting party obtains relief186 Relief from sanctions187 General power of the court to rectify matters where there has been an error of procedure187 Power of the court to make civil restraint orders

187 PRACTICE DIRECTION 4A: STRIKING OUT A STATEMENT OF CASE187 Introduction188 Examples of cases within the rule188 Applications which appear to fall within rule 4.4(1)(a) or (b)

xx Contents

188 Answers which appear to fall within rule 4.4(1)(a) or (b)189 General provisions189 Applications for orders under rule 4.4(1)

189 PRACTICE DIRECTION 4B: CIVIL RESTRAINT ORDERS189 Introduction189 Limited civil restraint orders190 Extended civil restraint orders191 General civil restraint orders192 General

193 PART 5: FORMS AND START OF PROCEEDINGS

193 COMMENTARY193 Overview195 Practice Direction196 Form E family199 Pilot: the Financial Remedies Court206 Other provisions

210 RULES210 Forms210 Documents to be attached to a form210 Proceedings are started by issue of application form210 Where to start proceedings210 Filing documents with and sending documents to the court by e-mail211 Documents in the Welsh language

211 PRACTICE DIRECTION 5A: FORMS211 Scope and interpretation211 Application notices212 Other Forms212 Table 1: Index to forms213 Table 2: List of Forms

216 PRACTICE DIRECTION 5B: COMMUNICATION AND FILING OF DOCUMENTS BY E-MAIL

216 Chapter 1: Scope and interpretation216 Chapter 2: Specified organisations217 Chapter 3: Persons other than specified organisations217 Chapter 4: Technical specifications218 Chapter 5: Further provisions219 Chapter 6: Statements of truth

220 PART 6: SERVICE

220 COMMENTARY220 Overview220 Service in the United Kingdom225 Service on protected parties226 Disclosure of addresses by government departments226 Service out of the jurisdiction229 EU Member States231 Non-EU Hague Service Convention countries233 Countries not party to the Hague Convention (other than those non-Hague countries referred

to in the next paragraph)

Contents xxi

233 Non-Hague Commonwealth states, the Isle of Man, the Channel Islands and British OverseasTerritories

233 RULES233 Chapter 1: Scope of this Part and interpretation233 Part 6 rules about service apply generally234 Interpretation234 Chapter 2: Service of the application for a matrimonial order or civil partnership order in the

jurisdiction234 Service of the application by an alternative method or at an alternative place234 Chapter 3: Service of documents other than an application for a matrimonial order or civil

partnership order in the United Kingdom234 Method of service234 Who is to serve235 Personal service235 Address for service235 Change of address for service235 Service of an application form commencing proceedings on children and protected parties236 Service of other documents on or by children and protected parties where a litigation friend has

been or will be appointed236 Service on or by children where a children’s guardian has been or will be appointed under rule

16.4236 Service on or by children where a children’s guardian has been appointed under rule 16.3236 Supplementary provisions relating to service on children and protected parties236 Supplementary provision relating to service on children237 Deemed service237 Service by an alternative method or at an alternative place238 Power to dispense with service238 Certificate of service238 Notification of outcome of service by the court238 Notification of non-service by bailiff239 Chapter 4: Service out of the jurisdiction239 Scope and interpretation239 Permission to serve not required239 Period for acknowledging service or responding to application where application is served out of

the jurisdiction239 Method of service – general provisions240 Service in accordance with the Service Regulation240 Service through foreign governments, judicial authorities and British Consular authorities241 Procedure where service is to be through foreign governments, judicial authorities and British

Consular authorities241 Translation of application form or other document242 Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

242 PRACTICE DIRECTION 6A: SERVICE WITHIN THE JURISDICTION242 General Provisions242 Scope of this Practice Direction242 When service may be by document exchange243 How service is effected by post, an alternative service provider or DX243 Service by fax or e-mail244 Service on members of the Regular Forces and United States Air Force244 Application for an order for service by an alternative method or at an alternative place244 Applications for an order to dispense with service244 Deemed service of a document other than an application for a matrimonial or civil partnership

order

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245 Service of application on children and protected parties245 Annex

248 PRACTICE DIRECTION 6B: SERVICE OUT OF THE JURISDICTION248 Scope of this Practice Direction248 Service in other Member States of the European Union248 Documents to be filed under rule 6.46(2)248 Service in a Commonwealth State or British Overseas Territory249 Period for responding to an application form249 Service of application notices and orders249 Period for responding to an application notice249 Further information252 Annex – Service Regulation (Rule 6.44)

252 PRACTICE DIRECTION 6C: DISCLOSURE OF ADDRESSES BY GOVERNMENTDEPARTMENTS

253 Department of Social Security254 Supplementary Benefit/Income Support254 Passport Office254 Ministry of Defence256 General Notes

257 PART 7: PROCEDURE FOR APPLICATIONS INMATRIMONIAL AND CIVIL PARTNERSHIP PROCEEDINGS

257 COMMENTARY ON RULES 7.27 AND 7.29

260 RULES260 Chapter 3: How the court determines matrimonial and civil partnership proceedings260 Stay of proceedings261 Chapter 4: Court orders261 Applications under section 10(2) of 1973 Act or section 48(2) of 2004 Act

262 PART 8: PROCEDURE FOR MISCELLANEOUS APPLICATIONS

262 COMMENTARY262 Overview262 Chapter 3: Application under Matrimonial Causes Act 1973, section 36 or para 73 of Schedule

5 to the Civil Partnership Act 2004 for alteration of a maintenance agreement after death of oneparty

263 Chapter 4: Application under section 17 of the Married Women’s Property Act 1882 or section66 of the Civil Partnership Act 2004 for a question as to property to be decided in summaryway

264 Chapter 6: Application under section 13 of the Matrimonial and Family Proceedings Act 1984or para 4 of Schedule 7 to the Civil Partnership Act 2004 for permission to apply for a financialremedy after overseas proceedings

265 Application for permission to be made ex parte266 Application to set aside or vary grant of permission269 Chapter 7: Application for the transfer of a tenancy under section 53 of, and Schedule 7 to, the

Family Law Act 1996270 Chapter 8: Applications for orders preventing avoidance under section 32L of the Child Support

Act 1991

270 RULES270 Chapter 1: Procedure

Contents xxiii

270 Procedure271 Chapter 2: Application for corrected gender recognition certificate271 Chapter 3: Application for alteration of maintenance agreement after death of one party271 Scope of this Chapter271 Who the parties are271 Representative parties272 Acknowledgment of service272 Hearings may be in private272 Chapter 4: Application for question as to property to be decided in summary way272 Scope of this Chapter272 Procedure272 Where to start proceedings272 Mortgagees as parties273 Injunctions273 Application of other rules273 Chapter 5: Declarations273 Chapter 6: Application for permission to apply for a financial remedy after overseas proceedings273 Scope of this Chapter273 How to start proceedings273 Application without notice273 Notification of hearing date274 Hearings to be in private unless the court directs otherwise274 Chapter 7: Application for the transfer of a tenancy under section 53 of, and Schedule 7 to, the

1996 Act274 Scope of this Chapter274 Where to start proceedings274 Service of the application274 Who the parties are274 Orders for disclosure274 Injunctions275 Chapter 8: Applications for orders preventing avoidance under section 32L of the Child Support

Act 1991275 Scope of this Chapter275 Interpretation275 Who the parties are275 Service of the application275 Applications without notice

276 PRACTICE DIRECTION 8A: WHERE TO START CERTAIN PROCEEDINGS

277 PART 9: APPLICATIONS FOR A FINANCIAL REMEDY

277 COMMENTARY277 Definitions278 Financial applications not covered by Part 9278 Issuing the application282 Procedure before the first appointment284 First appointment286 FDR287 Bundles290 Final hearing292 Fast-track procedure294 Third party disclosure294 Interim relief

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294 Consequential powers and consent orders295 Estimates of costs and open proposals297 Costs in financial remedy proceedings297 Pensions297 Pre-action protocol297 Applications to set aside297 Forms298 Disclosure of information from financial remedy proceedings into child support proceedings

298 RULES298 Chapter 1: Application and interpretation298 Application299 Interpretation

301 Chapter 2: Procedure for applications301 When an Application for a financial order may be made301 Where to start proceedings301 Application for an order preventing a disposition301 Application for interim orders302 Application for periodical payments order at same rate as an order for maintenance pending suit302 Application for periodical payments order at same rate as an order for maintenance pending

outcome of proceedings302 Application to set aside a financial remedy order302 Standard and fast-track procedures for financial remedy proceedings

303 Chapter 3: Applications for financial remedies for children303 Application by parent, guardian etc for financial remedy in respect of children303 Children to be separately represented on certain applications

304 Chapter 4: Standard Procedure304 Duties of the court and the applicant upon issuing an application304 Service of application on mortgagees, trustees etc305 Procedure before the first appointment306 Duties of the court at the first appointment307 After the first appointment307 The FDR appointment

308 Chapter 5: Fast-Track Procedure308 Duties of the court and the applicant upon filing an application308 Request for change of procedure309 Procedure before the first hearing309 Consideration of the application at the first hearing310 Who the respondent is on an application under section 20 or section 20A of the 1978 Act or

Part 6 of Schedule 6 to the 2004 Act310 Duty to make entries in the court’s register

311 Chapter 5A: Certain applications311 Application for a maintenance order, or revocation of a maintenance order to which the 1982

Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

311 Chapter 6: General procedure311 Power to order delivery up of possession etc.311 Where proceedings may be heard312 Applications for consent orders for financial remedy312 Questions as to the court’s jurisdiction or whether the proceedings should be stayed313 International Maintenance Obligations: Communication with the Central Authority for England

and Wales313 Adding or removing parties313 Method of making periodical payments

Contents xxv

314 Court officer to notify subsequent marriage or formation of civil partnership of a person entitled

to payments under a maintenance order

315 Enforcement and apportionment where periodical payments are made under more than one

order

315 Chapter 7: Estimates of costs

315 Estimates of Costs

315 Duty to make open proposals

316 Chapter 8: Pensions

316 Application and interpretation of this Chapter

316 What the party with pension rights must do when the court fixes a first appointment

316 Applications for pension sharing orders

317 Applications for consent orders for pension sharing

317 Applications for pension attachment orders

318 Applications for consent orders for pension attachment

318 Pension sharing orders or pension attachment orders

318 Duty of the court upon making a pension sharing order or a pension attachment order

319 Procedure where Pension Protection Fund becomes involved with the pension scheme

320 Chapter 9: Pension protection fund compensation

320 Application and interpretation of this Chapter

320 What the party with compensation rights must do when the court fixes a first appointment

320 Applications for pension compensation sharing orders

320 Applications for consent orders for pension compensation sharing

321 Applications for pension compensation attachment orders

321 Applications for consent orders for pension compensation attachment

321 Pension compensation sharing orders or pension compensation attachment orders

321 Duty of the court upon making a pension compensation sharing order or a pension

compensation attachment order

322 Chapter 10: Communication of Information from Financial Remedy Proceedings

322 PRACTICE DIRECTION 9A: APPLICATION FOR A FINANCIAL REMEDY

322 Introduction

323 Pre-application protocol

323 Costs

323 Procedure before the first appointment

323 Financial Statements and other documents

324 Financial Dispute Resolution (FDR) Appointment

324 Consent orders

324 Section 10(2) of the Matrimonial Causes Act 1973 and section 48(2) of the Civil Partnership Act

2004

325 Maintenance Orders – registration in the family court

325 Pensions

325 PPF Compensation

325 Orders for payment in respect of legal services

326 Applications to set aside a financial remedy

327 Annex: pre-application protocol

328 PRACTICE DIRECTION 9B: COMMUNICATION OF INFORMATION FROM FINANCIAL

REMEDY PROCEEDINGS

328 Communication of information by a party etc. for purposes relating to appeals under the Child

Support Act 1991

329 Onward communication

329 Interpretation

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331 PART 15: REPRESENTATION OF PROTECTED PARTIES

331 COMMENTARY331 Definition of protected party332 Procedure where an adult may be a protected party333 Requirement to have a litigation friend334 Children no longer dealt with in this Part334 Counterpart to CPR Part 21334 Litigation friend; deputy334 Appointment of litigation friend without court order335 Appointment of litigation friend by court order336 Change of litigation friend336 Fluctuation in a party’s capacity to conduct litigation336 Ability of a protected party to give evidence as a witness337 Compromise of proceedings involving a protected party337 Where appointment of a litigation friend comes to an end

338 RULES338 Application of this Part338 Requirement for litigation friend in proceedings338 Stage of proceedings at which a litigation friend becomes necessary338 Who may be a litigation friend for a protected party without a court order338 How a person becomes a litigation friend without a court order339 How a person becomes a litigation friend by court order339 Court’s power to change litigation friend and to prevent person acting as litigation friend339 Appointment of litigation friend by court order – supplementary339 Procedure where appointment of litigation friend comes to an end

340 PRACTICE DIRECTION 15A: PROTECTED PARTIES340 General340 Duties of the Litigation Friend340 Becoming a Litigation Friend without a court order341 Application for a court order appointing a litigation friend341 Change of litigation friend and prevention of person acting as litigation friend341 Procedure where the need for a litigation friend has come to an end

342 PRACTICE DIRECTION 15B: ADULTS WHO MAY BE PROTECTED PARTIES ANDCHILDREN WHO MAY BECOME PROTECTED PARTIES IN FAMILY PROCEEDINGS

342 What the court will do where an adult may be a protected party342 Litigation capacity342 Ability to give evidence as a witness343 Instruction of an expert where an adult is a protected party343 Factors to be considered when the court is deciding whether to give permission as mentioned in

FPR 25.4(1) or (2)343 Fluctuation in a party’s capacity to conduct litigation344 Single joint experts344 Child aged 16–17 who is the subject of the proceedings likely to lack relevant decision making

capacity at age 18344 Child who is not the subject of proceedings likely to lack capacity to conduct the proceedings

when he or she reaches 18344 Definition of “expert” and “children proceedings”

345 PART 17: STATEMENTS OF TRUTH

345 COMMENTARY

Contents xxvii

345 Overview345 Definition of a statement of truth346 Documents which must be verified347 Penalties and other sanctions for false statements of truth350 Consequences of failure to verify

350 RULES351 Documents to be verified by a statement of truth351 Failure to verify a statement of case352 Failure to verify a witness statement352 Power of the court to require a document to be verified352 False statements

352 PRACTICE DIRECTION 17A: STATEMENTS OF TRUTH352 Documents to be verified by a statement of truth353 Form of the statement of truth353 Who may sign the statement of truth354 Inability of persons to read or sign documents to be verified by a statement of truth354 Consequences of failure to verify355 Penalty355 Annex

356 PART 18: PROCEDURE FOR OTHER APPLICATIONS INPROCEEDINGS

356 COMMENTARY356 Overview356 The application notice357 Period of notice358 Reference to judge358 Disposal without a hearing358 Disposal with a hearing358 Without notice hearings359 Proceeding in a party’s absence359 Applications dismissed as being totally without merit359 Costs

359 RULES359 Types of application for which Part 18 procedure may be followed360 Applications for permission to start proceedings360 Respondents to applications under this Part360 Application notice to be filed360 Notice of an application361 Time when an application is made361 What an application notice must include361 Service of a copy of an application notice361 Applications which may be dealt with without a hearing362 Service of application notice following court order where application made without notice362 Application to set aside or vary order made without notice362 Power of the court to proceed in the absence of a party362 Dismissal of totally without merit applications

362 PRACTICE DIRECTION 18A: OTHER APPLICATIONS IN PROCEEDINGS362 Application of Part 18363 Additional requirements in relation to application notices

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363 Other provisions in relation to application notices364 Applications without service of application notice364 Giving notice of an application364 Pre-action applications364 Telephone hearings365 Video conferencing365 Note of proceedings365 Evidence366 Consent orders366 Other applications considered without a hearing366 Miscellaneous366 Costs

367 PART 19: ALTERNATIVE PROCEDURE FOR APPLICATIONS

367 COMMENTARY367 Scope of Part 19368 Forms368 Content of the application, and evidence368 Dispute as to aptness of Part 19

368 RULES368 Types of application for which Part 19 procedure may be followed369 Applications for which the Part 19 procedure must be followed369 Contents of the application369 Issue of application without naming respondents369 Acknowledgment of service370 Consequence of not filing an acknowledgment of service370 Filing and serving written evidence370 Evidence – general370 Procedure where respondent objects to use of the Part 19 procedure

371 PRACTICE DIRECTION 19A: ALTERNATIVE PROCEDURE FOR APPLICATIONS371 Types of application in which Part 19 procedure must be used371 Types of application in which Part 19 procedure may be used371 The application372 Responding to the application372 Managing the application372 Evidence373 Hearing

374 PART 20: INTERIM REMEDIES AND SECURITY FOR COSTS

374 COMMENTARY374 CPR counterpart375 Scope380 Interim injunctions382 Freezing injunctions and search orders387 Post-judgment freezing orders389 Exception for expenditure in the ordinary and proper course of business390 Living expenses allowance391 Search orders392 De facto and shadow directors; control of a company394 Notification injunction394 Delay

Contents xxix

395 Sentencing guidelines395 Cross-examination of a party subject to a freezing order396 Variation of a freezing injunction396 Interim declarations398 Procedure399 Form of order for an injunction401 Applications made without notice: procedure403 Applications made without notice: principles414 Third parties affected by an order414 Security for costs417 Content and form of order for security for costs417 Security for costs of an appeal

418 RULES418 Chapter 1: Interim remedies418 Orders for interim remedies419 Time when an order for an interim remedy may be made419 How to apply for an interim remedy420 Interim injunction to cease if application is stayed

420 Chapter 2: Security for costs420 Security for costs420 Conditions to be satisfied421 Security for costs of an appeal

421 PRACTICE DIRECTION 20A: INTERIM REMEDIES421 Scope and jurisdiction421 Making an application421 Evidence422 Urgent applications and applications without notice423 Orders for injunctions423 Search orders425 Delivery up orders425 Injunctions against third parties

426 PART 21: MISCELLANEOUS RULES ABOUT DISCLOSUREAND INSPECTION OF DOCUMENTS

426 COMMENTARY426 Definitions426 Types of order for disclosure in family proceedings428 Orders for disclosure against a person not a party430 Procedure430 Form and content of order431 Costs432 Claim to withhold inspection or disclosure of a document433 Resisting disclosure on ground of privilege against self-incrimination434 Resisting disclosure on the ground of that it would contravene foreign law435 Subsequent use of material disclosed under compulsion439 Use of documents improperly obtained by one party from another

442 RULES442 Interpretation442 Orders for disclosure against a person not a party442 Claim to withhold inspection or disclosure of a document

xxx Contents

443 PRACTICE DIRECTION 21A: DISCLOSURE AND INSPECTION443 Chapter 1: Orders for disclosure and inspection of documents443 Interpretation443 Types of order for disclosure in family proceedings

445 PART 22: EVIDENCE

445 COMMENTARY445 Scope and CPR counterparts445 Power to control evidence448 Written evidence448 Witness statements449 Written evidence from witnesses who do not speak English450 The form of a witness statement450 The presentation and preparation of exhibits450 The witness summary452 Affidavits453 Replies to questionnaires, further chronologies and schedules453 Notice to admit facts453 Hearings other than the final hearing453 Final hearing454 Evidence in chief455 Oral evidence generally458 Credibility460 Failure to call a witness460 Witness training

461 RULES461 Chapter 1: General rules461 Power of court to control evidence461 Evidence of witnesses – general rule461 Evidence by video link or other means462 Witness statements462 Service of witness statements for use at the final hearing462 Use at the final hearing of witness statements which have been served462 Evidence at hearings other than the final hearing463 Order for cross-examination463 Witness summaries463 Consequence of failure to serve witness statement463 Cross-examination on a witness statement463 Affidavit evidence463 Form of affidavit463 Affidavit made outside the jurisdiction464 Notice to admit facts464 Notice to admit or produce documents464 Notarial acts and instruments464 Chapter 2: Rules applying only to particular proceedings464 Scope of this Chapter464 Availability of witness statements for inspection during the final hearing464 Use of witness statements for other purposes

465 PRACTICE DIRECTION 22A: WRITTEN EVIDENCE465 Evidence in general465 Affidavits and Witness Statements468 Exhibits

Contents xxxi

469 Miscellaneous470 Annex 1470 Annex 2471 Annex 3

474 PART 23: MISCELLANEOUS RULES ABOUT EVIDENCE

474 COMMENTARY474 CPR counterparts474 Hearsay evidence474 Civil Evidence Act 1995477 Hearsay rules in Part 23479 Use of plans, photographs and models, etc. as evidence479 Foreign law479 Evidence of consent of trustee to act479 Note of oral evidence in proceedings before justices

480 RULES480 Scope and interpretation of this Part480 Notice of intention to rely on hearsay evidence480 Circumstances in which notice of intention to rely on hearsay evidence is not required480 Power to call witness for cross-examination on hearsay evidence481 Credibility481 Use of plans, photographs and models etc as evidence481 Evidence of finding on question of foreign law482 Evidence of consent of trustee to act482 Note of oral evidence

483 PART 24: WITNESSES, DEPOSITIONS GENERALLY ANDTAKING OF EVIDENCE IN MEMBER STATES OF THEEUROPEAN UNION

483 COMMENTARY483 Summary484 Witness summonses484 Witness summons to produce documents486 Issue and service of witness summons487 Setting aside and varying a witness summons488 Bench warrants489 Witnesses within the jurisdiction: depositions490 Witnesses out of the jurisdiction: non-EU cases491 Witnesses out of the jurisdiction: EU cases492 Requests for assistance under the Crime (International Co-operation) Act 2003492 Forms

492 RULES492 Chapter 1: Witnesses and depositions492 Scope of this Chapter492 Witness summonses493 Issue of a witness summons493 Time for serving a witness summons493 Who is to serve a witness summons493 Right of witness to travelling expenses and compensation for loss of time494 Evidence by deposition

xxxii Contents

494 Conduct of examination494 Enforcing attendance of witness495 Use of deposition at a hearing495 Restrictions on subsequent use of deposition taken for the purpose of any hearing except the

final hearing495 Where a person to be examined is out of the jurisdiction – letter of request496 Fees and expenses of examiner of the court496 Examiners of the court496 Chapter 2: Taking of evidence – Member States of the European Union496 Interpretation497 Where a person to be examined is in another Regulation State

497 PRACTICE DIRECTION 24A: WITNESSES, DEPOSITIONS AND TAKING OF EVIDENCEIN MEMBER STATES OF THE EUROPEAN UNION

497 Witness summonses500 Taking of Evidence between EU Member States502 Annex A502 Annex B: Taking of evidence regulation503 Annex C

504 PART 25: EXPERTS AND ASSESSORS

504 COMMENTARY504 Outline and background505 Basic rules505 The first basic rule: scope of expert evidence506 The second basic rule: permission required508 The third basic rule: necessity510 Civil proceedings512 The fourth basic rule: duties of experts516 The fifth basic rule: SJE wherever possible517 Before the permission application518 Applying for permission520 Instructions to the expert521 Power of court to direct a party to provide information521 Expert’s right to ask court for directions522 Form and content of expert’s report523 Written questions to an expert524 Discussions between experts526 Single joint experts529 Use of an expert’s report, and attendance by an expert, at a hearing530 Action after the final hearing530 Protected parties530 Assessors

530 RULES530 Interpretation531 Experts – overriding duty to the court531 Control of expert evidence in proceedings other than children proceedings531 Further provisions about the court’s power to restrict expert evidence531 When to apply for the court’s permission532 What an application notice requesting the court’s permission must include532 Where permission is granted532 General requirement for expert evidence to be given in a written report532 Written questions to experts

Contents xxxiii

533 Court’s power to direct that evidence is to be given by a single joint expert533 Instructions to a single joint expert533 Power of court to direct a party to provide information534 Contents of report534 Use by one party of expert’s report disclosed by another534 Discussions between experts534 Expert’s right to ask court for directions534 Copies of orders and other documents534 Action after final hearing535 Assessors

535 PRACTICE DIRECTION 25A: EXPERTS AND ASSESSORS IN FAMILY PROCEEDINGS535 Introduction535 Pre-application instruction of experts

536 PRACTICE DIRECTION 25B: THE DUTIES OF AN EXPERT, THE EXPERT’S REPORTAND ARRANGEMENTS FOR AN EXPERT TO ATTEND COURT

536 Scope of this Practice Direction537 The meaning of “expert”537 The expert’s overriding duty537 Particular duties of the expert537 The requirement for the court’s permission538 Preliminary enquiries which the expert should expect to receive538 Balancing the needs of the court and those of the expert538 The expert’s response to preliminary enquiries539 Content of the expert’s report540 Arrangements for experts to give evidence

540 PRACTICE DIRECTION 25C: CHILDREN PROCEEDINGS – THE USE OF SINGLE JOINTEXPERTS AND THE PROCESS LEADING TO AN EXPERT BEING INSTRUCTED OREXPERT EVIDENCE BEING PUT BEFORE THE COURT

540 Scope of this Practice Direction541 Single joint experts542 Preparation for the permission hearing544 Letter of instruction546 Annex A

546 PRACTICE DIRECTION 25D: FINANCIAL REMEDY PROCEEDINGS AND OTHERFAMILY PROCEEDINGS (EXCEPT CHILDREN PROCEEDINGS) – THE USE OF SINGLEJOINT EXPERTS AND THE PROCESS LEADING TO EXPERT EVIDENCE BEING PUTBEFORE THE COURT

546 Scope of this Practice Direction546 Single joint experts547 The test for permission and preparation for the permission hearing549 Letter of instruction550 Adult who is a protected party550 Asking the court to settle the letter of instruction to a single joint expert

551 PRACTICE DIRECTION 25E: DISCUSSIONS BETWEEN EXPERTS IN FAMILYPROCEEDINGS

551 Scope551 Experts’ discussion or meeting: purpose551 Experts’ discussion or meeting: arrangements552 Court-directed meetings involving experts in public law Children Act cases

552 PRACTICE DIRECTION 25F: ASSESSORS IN FAMILY PROCEEDINGS

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552 Scope of this Practice Direction553 Appointment of assessors in family proceedings

554 PART 27: HEARINGS AND DIRECTIONS APPOINTMENTS

554 COMMENTARY554 Outline555 McKenzie Friends557 Recusal560 Barring a solicitor from acting560 Requirement to attend all hearings561 Excluding parties from a hearing562 Continuing with a hearing when a party fails to attend562 Setting aside an order following failure to attend565 Late applications for adjournments565 Court bundles and retention of documents570 Authorities and skeleton arguments572 Pre-trial review573 Final hearing573 Allocation of hearings576 Documents retained by the court577 Recording, transcribing and reporting of proceedings578 Hearings in private and access to them by the media and legal bloggers592 Financial remedy appeals in the Court of Appeal593 Anonymity and privacy more generally594 Access to the court file

595 RULES595 Application of this Part595 Reasons for a decision: proceedings before a lay justice or justices596 Attendance at hearing or directions appointment596 Proceedings in the absence of a party596 Application to set aside judgment or order following failure to attend597 Court bundles and place of filing of documents and bundles597 Representation of companies or other corporations597 Impounded documents597 Official shorthand note etc of proceedings597 Hearings in private598 Attendance at private hearings

599 PRACTICE DIRECTION 27A: FAMILY PROCEEDINGS: COURT BUNDLES (UNIVERSALPRACTICE TO BE APPLIED IN THE HIGH COURT AND FAMILY COURT)

599 Revision in force from 23 July 2018599 Application of the practice direction599 Responsibility for the preparation of the bundle600 Contents of the bundle601 Format of the bundle602 Timetable for preparing and lodging the bundle602 Lodging the bundle603 Lodging the bundle – additional requirements for Family Division or Family Court cases being

heard at the RCJ604 Removing and re-lodging the bundle604 Time estimates604 Taking cases out of the list604 Penalties for failure to comply with the practice direction

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604 Commencement of the practice direction and application of other practice directions

605 PRACTICE DIRECTION 27B: ATTENDANCE OF MEDIA REPRESENTATIVES ATHEARINGS IN FAMILY PROCEEDINGS

605 Introduction605 Matters unchanged by the rule606 Aims of the guidance606 Identification of media representatives as “accredited”606 Exercise of the discretion to exclude media representatives from all or part of the proceedings607 Applications to exclude media representatives from all or part of proceedings

609 PART 28: COSTS

609 COMMENTARY609 Implementation of the Jackson Review of Civil Litigation Costs613 Basic rule in financial remedy proceedings614 Application of the CPR regime617 CPR Part 36 and Calderbank offers618 Conduct622 Costs in (some) financial remedy proceedings628 Provisions common to both regimes628 Summary assessment629 Payment on account630 Stay of an award of costs630 Basis of assessment: standard or indemnity635 Costs for and against legally aided parties637 Pro bono and litigant in person costs638 Costs against a non-party641 Wasted costs orders642 Interest on costs awards judgments642 Costs judgment in a currency other than sterling643 Costs allowance: the LSPO

648 RULES648 Costs648 Application of other rules648 Costs in financial remedy proceedings

649 PRACTICE DIRECTION 28A: COSTS649 Application and modification of the CPR649 Application and modification of the Practice Directions supplementing CPR Parts 44 to 47650 General interpretation of references in CPR650 Costs in financial remedy proceedings

652 PART 29: MISCELLANEOUS

652 COMMENTARY652 Basic rule652 Personal details (rule 29.1)653 Disclosure of information under the Child Support Act 1991 (rule 29.2)653 Method of giving notice (rule 29.3)653 Withdrawal of applications in proceedings (rule 29.4)653 HRA 1998 (rule 29.5)655 Stamping or sealing court documents (rule 29.7)655 Standard requirements concerning judgments and orders (rule 29.10)

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656 Drawing up and filing of judgments and orders (rule 29.11)656 Access to and inspection of documents retained in court (rule 29.12)659 Service of judgments and orders (rule 29.13)659 Power to require judgment or order to be served on a party as well as the party’s solicitor (rule

29.14)660 When judgment or order takes effect (rule 29.15)660 Correction of errors in judgments and orders (rule 29.16)661 Transfer of proceedings (rule 29.17)663 Application for change of area (rule 29.18)663 Allocation of proceedings to another level of judge (rule 29.19)663 Interest on judgments665 Interest on judgments in a currency other than sterling

665 RULES665 Personal details666 Disclosure of information under the 1991 Act666 Method of giving notice666 Withdrawal of applications in proceedings666 The Human Rights Act 1998667 Stamping or sealing court documents668 Standard requirements668 Drawing up and filing of judgments and orders668 Access to and inspection of documents retained in court669 Service of judgments and orders669 Power to require judgment or order to be served on a party as well as the party’s solicitor669 When judgment or order takes effect669 Correction of errors in judgments and orders669 Transfer of proceedings669 Application for change of area670 Allocation of proceedings to another level of judge

670 PRACTICE DIRECTION 29A: HUMAN RIGHTS, JOINING THE CROWN670 Section 4 of the Human Rights Act 1998670 Section 9 of the Human Rights Act 1998

671 PRACTICE DIRECTION 29B: HUMAN RIGHTS ACT 1998671 Human Rights Act 1998671 Citation of authorities671 Allocation to judges

672 PRACTICE DIRECTION 29C: TRANSFER OF PROCEEDINGS FROM THE FAMILYCOURT TO THE HIGH COURT

673 PART 30: APPEALS

673 COMMENTARY673 Overview674 Appeals in the Family Court: the framework675 Appeals in the High Court: the framework675 Appeals against allocation decisions675 Permission to appeal: scope676 Clarification of the first instance decision678 Permission to appeal: the test680 Making the application for permission685 Appellant’s and respondent’s notices and grounds of appeal689 Refusal of permission

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xxxviii Contents

691 Role of the respondent at the permission stage693 Limited or conditional permission695 Variation and extensions of time and applications for permission to appeal out of time698 Striking out appeal notice and setting aside or imposing conditions on permission to appeal698 Strike out699 Conditions701 Debarring (Hadkinson) orders701 Setting aside permission702 Appeals against case management decisions703 Stay pending appeal704 Hearing in public or private?707 Appellate test708 ‘Wrong’ test714 ‘Serious irregularity’ test715 Appeal hearing: review or rehearing?718 Fresh evidence on appeal721 Powers of the appeal court722 Appeals against consent orders724 Second appeals and the Court of Appeal’s residual jurisdiction725 Assignment of appeals to the Court of Appeal and reopening of final appeals727 Specific appeals728 Summary assessment of costs728 Forms

728 RULES728 Scope and interpretation729 Parties to comply with the practice direction729 Permission730 Appellant’s notice730 Respondent’s notice731 Grounds of appeal731 Variation of time731 Stay732 Amendment of appeal notice732 Striking out appeal notices and setting aside or imposing conditions on permission to appeal732 Appeal court’s powers732 Hearing of appeals733 Appeal court’s power to order that hearing of appeal be held in public733 Assignment of appeals to the Court of Appeal733 Reopening of final appeals

734 PRACTICE DIRECTION 30A: APPEALS734 Application and interpretation735 Routes of appeal739 Grounds for appeal739 Permission to appeal742 Allocation-appropriate procedure742 Appellant’s notice744 Documents: appeals to the High Court744 Documents: appeals to the family court or the High Court747 Procedure after permission is obtained748 Respondent750 Appeals to the High Court750 Appeals to a county court

750 Appeals to the family court from decisions in child support proceedings under section 111A ofthe Magistrates’ Courts Act 1980 (“the 1980 Act”)

751 Appeals to the family court from the Secretary of State: deduction order appeals754 Appeals against pension orders and pension compensation sharing orders754 Applications755 Appeals against consent orders755 Disposing of applications or appeals by consent755 Allowing unopposed appeals or applications on paper755 Summary assessment of costs755 Reopening of final appeals755 Schedule 1: Description of proceedings756 Schedule 2

757 PRACTICE DIRECTION 30B: APPEALS – TRANSPARENCY757 Introduction757 Standard order758 Documents to be provided to court reporters at the hearing of an appeal

760 PART 32: REGISTRATION AND ENFORCEMENT OF ORDERS

760 COMMENTARY760 Summary760 Maintenance Orders Act 1950, Part II761 Registration of English and Welsh maintenance orders761 Effects of registration762 Procedure762 Registration of Scottish and Northern Irish orders in England762 Variation and discharge of registered orders763 Enforcement763 Maintenance Orders Act 1958, Part I764 Registration of a High Court order in the Family Court765 Variation and discharge of registered orders766 Cancellation of registration766 Chapter V: Ability of a court officer to take enforcement proceedings in relation to certain

orders for periodical payments766 Transitional provisions766 Forms

767 RULES767 Chapter 1: Scope and interpretation of this Part767 Scope and interpretation767 Chapter 2: Registration etc. of orders under the 1950 Act767 Section 1: Interpretation of this Chapter767 Interpretation768 Section 2: Registration etc of High Court and family court orders768 Registration of a High Court order768 Notice of Variation etc. of a High Court order768 Cancellation of registration of a High Court order by the court of registration769 Cancellation of registration of a High Court order by the High Court769 Application of this Chapter to a family court order769 Variation of a family court order: section 22(1) of the 1950 Act769 Application to adduce evidence: section 22(5) of the 1950 Act769 Section 3: Registration etc. of Scottish and Northern Irish orders769 Registration of Scottish and Northern Irish orders770 Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act

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770 Notice of variation etc. of Scottish and Northern Irish orders770 Variation of Scottish and Northern Irish orders by the family court770 Cancellation of registration of Scottish and Northern Irish orders771 Payments under a maintenance order registered in the family court772 Enforcement772 Inspection of register and copies of order772 Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act772 Chapter 3: Registration of maintenance orders under the 1958 Act772 Interpretation772 Registration of orders – prescribed period772 Application for registration of a maintenance order in the family court – procedure in the High

Court773 Application for registration of a maintenance order in the family court – procedure in the family

court773 Registration in the family court of an order registered in the High Court – procedure in the High

Court773 Registration in the family court of an order registered in the High Court – procedure in the

family court773 Variation or discharge of an order registered in the family court – procedure in the High Court774 Variation, remission, discharge or cancellation of registration of an order registered in the family

court – procedure in the family court774 Cancellation of registration – orders registered in the family court774 Notices: payments made through the family court775 Method of payment775 Variation of method of payment775 Notices received from another court or from a person entitled to payments776 Chapter 4: Registration and enforcement of custody orders under the 1986 Act776 Chapter 5: Ability of a court officer to take enforcement proceedings in relation to certain orders

for periodical payments776 Court officers and enforcement proceedings

777 PRACTICE DIRECTION 32A: FORMS RELATING TO PART 32

778 PART 33: ENFORCEMENT

778 COMMENTARY778 Overview779 Enforcement in the Family Court781 Applying to enforce without specifying the method784 Enforcement and N-CDR784 Enforcement of undertakings for the payment of money786 CPR Part 70 (General rules about enforcement of judgments and orders)786 Judgment summons791 Judgment summons: sentence792 Appointment of a receiver793 Other enforcement methods793 Stay of enforcement pending determination of a variation application794 Enforcement against pensions795 Enforcement against overseas assets795 Hadkinson relief795 Forms and orders

796 RULES796 Chapter 1: General rules796 Application

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796 Section 1: Enforcement of orders for the payment of money796 Application of the Civil Procedure Rules796 How to apply796 Transfer of orders797 Section 2: Committal and injunction797 Enforcement of orders by way of committal797 Chapter 2: Committal by way of judgment summons797 Interpretation797 Application798 Judgment summons798 Successive judgment summonses798 Order or summons to attend adjourned hearing: requirement for personal service798 Committal on application for judgment summons799 Expenses799 Orders for the benefit of different persons799 Hearing of judgment summons799 Special provisions as to judgment summonses in the High Court800 Chapter 3: Attachment of earnings800 Enforcement by attachment of earnings order800 Chapter 4: Warrant of control800 Applications to vary existing orders800 Chapter 5: Court’s power to appoint a receiver800 Application of the CPR800 Chapter 6: Orders to obtain information from judgment debtors800 Application of the CPR801 Chapter 7: Third party debt orders801 Application of the CPR801 Chapter 8: Charging order, stop order, stop notice801 Application for a charging order, stop order or stop notice

801 PRACTICE DIRECTION 33A: ENFORCEMENT OF UNDERTAKINGS801 Enforcement of undertaking to do or abstain from doing any act other than the payment of

money802 Enforcement of undertaking for the payment of money

803 PART 34: RECIPROCAL ENFORCEMENT OF MAINTENANCEORDERS

803 COMMENTARY803 Overview805 Chapter 1: The Maintenance Orders (Facilities for Enforcement) Act 1920 (‘the 1920 Act’)805 Chapter 2: The Maintenance Orders (Reciprocal Enforcement) Act 1972, Part 1 (‘the 1972 Act’)806 Reciprocating countries807 Hague Convention countries and the United States of America808 Chapter 3: The Civil Jurisdiction and Judgments Act 1982 and other international instruments808 Maintenance Regulation813 Concept of maintenance814 Brussels I Regulation815 1968 Brussels Convention815 1988 and 2007 Lugano Conventions816 Regulation creating an EEO816 2007 Hague Convention819 Tracing Payers Overseas819 Forms

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820 RULES820 Scope and interpretation of this Part820 Meaning of prescribed officer in the family court820 Registration of maintenance orders in the family court

821 Chapter 1: Enforcement of maintenance orders under the Maintenance Orders (Facilities forEnforcement) Act 1920

821 Interpretation821 Confirmation of provisional orders made in a reciprocating country821 Payment of sums due under registered orders821 Collection and enforcement of sums due under registered orders822 Prescribed notice for the taking of further evidence822 Transmission of maintenance orders made in a reciprocating country to the High Court822 Transmission of maintenance orders made in the High Court to a reciprocating country822 Inspection of the register in the High Court

823 Chapter 2: Enforcement of maintenance orders under Part 1 of the 1972 Act823 Interpretation823 Scope

823 Section 1: Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act823 Application for transmission of maintenance order to reciprocating country823 Certification of evidence given on provisional orders824 Confirmation of a provisional order made in a reciprocating country824 Consideration of revocation of a provisional order made by the family court824 Notification of variation or revocation of a maintenance order by the High Court or the family

court825 Notification of confirmation, variation or revocation of a maintenance order by the family court825 Taking of evidence for court in reciprocating country825 Request for the taking of evidence by a court in a reciprocating country826 Transmission of documents826 Method of payment under registered orders826 Enforcement of payments under registered orders826 Notification of registration and cancellation

827 Section 2: Modification of rules in Section 1 of this Chapter827 Sub-section 2: Hague Convention countries827 Application of Section 1 of this Chapter to the Hague Convention Countries828 Sub-section 3: United States of America828 Application of Section 1 of this Chapter to the United States of America

829 Section 3: Proceedings in a Hague Convention Country or in the United States of America829 Notification of proceedings in a Hague Convention Country or in the United States of America

829 Section 4: Reciprocal enforcement of claims for the recovery of maintenance829 Interpretation829 Dismissal of an application under section 27A of the 1972 Act or application for variation830 Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act830 Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of

the 1972 Act: registration830 Registration of an order: sections 27C(7) and 32(3) and (6) of the 1972 Act830 Payments made to the family court831 Method of payment831 Application under section 34 of the 1972 Act: variation or revocation831 Application under section 35 of the 1972 Act: variation or revocation831 Request under section 38(1) of the 1972 Act to the family court832 Request under section 38(1) of the 1972 Act to the officer of the court832 Onward transmission of documents

832 Chapter 3: Enforcement of maintenance orders under the Civil Jurisdiction and Judgments Act

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1982, the Judgments Regulation, the Maintenance Regulation, the 2007 Hague Convention andthe Lugano Convention

832 Application of this Chapter833 Section 1: Registration and Enforcement in a Magistrates’ Court of Maintenance Orders made in

a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention, aRegulation State, a State bound by the 2007 Hague Convention other than

833 Interpretation833 Registration of maintenance orders834 Appeal from a decision relating to registration834 Payment of sums due under a registered order834 Enforcement of payments under registered orders835 Variation and revocation of registered orders835 Registered order: payer residing in an area covered by a different Maintenance Enforcement

Business Centre835 Cancellation of registered orders836 Directions as to stays, documents and translations836 International Maintenance Obligations; Communication with the Central Authority for England

and Wales836 The Maintenance Regulation: applications for enforcement or for refusal or suspension of

enforcement836 Section 2: Reciprocal enforcement in a Contracting State or a Member State of the European

Union of Orders of a court in England and Wales837 Admissibility of Documents838 Enforcement of orders of the family court838 Enforcement of orders of the High Court or the family court

839 PRACTICE DIRECTION 34A: RECIPROCAL ENFORCEMENT OF MAINTENANCEORDERS

839 Noting Record of Means of Payment839 Notification by court officer839 Applications under section 2 of the 1920 Act840 Applications under section 2 of the 1972 Act (rule 34.14)841 Transitional Provision in respect of the United States of America841 Notification to the Lord Chancellor841 Notification of means of enforcement841 Certified copies of orders issued under rules 34.39 and 34.40842 Countries and Territories in which Sums are Payable through Crown Agents for Overseas

Governments and Territories (rule 34.23)842 Part 1 of the 1972 Act – Modified Rules842 Annex 1: application of section 1 of Chapter 2 of Part 34 to the Republic of Ireland845 Annex 2: application of section 1 of Chapter 2 of Part 34 to the Hague Convention countries847 Annex 3: application of section 1 of Chapter 2 of Part 34 to the United States of America

849 PRACTICE DIRECTION 34B: TRACING PAYERS OVERSEAS

850 PRACTICE DIRECTION 34C: APPLICATIONS FOR RECOGNITION ANDENFORCEMENT TO OR FROM EUROPEAN UNION MEMBER STATES

850 1 Introduction850 2 Relationship between the Maintenance Regulation and other international instruments850 3 Application of the Maintenance Regulation rules to recognition, registration and enforcement

in England and Wales of an order from another Member State851 4 Application of the Maintenance Regulation to recognition and enforcement of a maintenance

order from England and Wales in another Member State851 5 Transitional cases

853 PRACTICE DIRECTION 34D: FORM RELATING TO PART 34

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853 PRACTICE DIRECTION 34E: RECIPROCAL ENFORCEMENT OF MAINTENANCEORDERS – DESIGNATED FAMILY JUDGE AREAS

853 Maintenance Enforcement Business Centres, Designated Family Judge areas and DesignatedFamily Courts

853 Taking of evidence for court in reciprocating country853 Notification of proceedings in a Hague Convention Country or in the United States of America853 Registration of maintenance orders854 Appeal from a decision relating to registration854 Registered order: payer residing in an area covered by a different Maintenance Enforcement

Business Centre855 Application for enforcement of a maintenance decision to which Section 1 of Chapter IV of the

Maintenance Regulation (rule 34.36C FPR)855 Application by debtor under Article 21 of the Maintenance Regulation for refusal or suspension

of enforcement

856 PART 35: MEDIATION DIRECTIVE

856 COMMENTARY856 Outline857 Scope858 Applications for consent orders in respect of financial remedies859 Mediation evidence: disclosure and inspection860 Mediation evidence: witnesses and depositions861 Generally

861 RULES861 Scope and Interpretation861 Relevant disputes: applications for consent orders in respect of financial remedies862 Mediation evidence: disclosure and inspection862 Mediation evidence: witnesses and depositions

863 PRACTICE DIRECTION 35A: MEDIATION DIRECTIVE

864 PART 36: TRANSITIONAL ARRANGEMENTS AND PILOTSCHEMES

864 COMMENTARY864 Transitional provisions under Part 36 and PD 36A866 Pilot Schemes

867 RULES867 Transitional provisions867 Pilot schemes

867 PRACTICE DIRECTION 36A: TRANSITIONAL ARRANGEMENTS867 Chapter 1867 Content of this Practice Direction868 General scheme of transitional arrangements868 Where the previous rules will normally apply868 Where the FPR will normally apply869 Chapter 2

870 PRACTICE DIRECTION 36I: PILOT SCHEME: PROCEDURE FOR ONLINE FILING OFCERTAIN APPLICATIONS FOR CONSENT ORDERS FOR A FINANCIAL REMEDY INCONNECTION WITH MATRIMONIAL PROCEEDINGS

870 Scope and interpretation

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871 Purpose of the Pilot Scheme871 Modification or disapplication of the FPR and Practice Directions during operation of the Pilot

Scheme871 Modification of Part 5 FPR871 Modification of Part 9 FPR871 Modification of Part 29871 Modification of Practice Direction 6A871 Disapplication of Practice Direction 5B871 Modification of Practice Direction 9A

872 PRACTICE DIRECTION 36J: PILOT SCHEME: TRANSPARENCY (ATTENDANCE ATHEARINGS IN PRIVATE)

872 Scope and interpretation872 Purpose of the Pilot Scheme872 Modification of the Family Procedure Rules and supporting practice directions during operation

of the Pilot Scheme872 Modification of rule 27.11 of the Family Procedure Rules 2010873 Modification of Practice Direction 27C

874 PRACTICE DIRECTION 36N: PILOT SCHEME: PROCEDURE FOR ONLINE FILING ANDPROGRESSION OF CERTAIN APPLICATIONS FOR A FINANCIAL REMEDY INCONNECTION WITH CERTAIN PROCEEDINGS FOR A MATRIMONIAL ORDER

874 Scope and interpretation875 Purpose of this Pilot Scheme875 Modification or disapplication of the FPR and Practice Directions during the operation of the

Pilot Scheme875 Modification of Part 3 FPR875 Modification of Part 5 FPR875 Modification of Part 9 FPR876 Modification of Part 29 FPR876 Modification of Practice Direction 3A876 Disapplication of Practice Direction 5B876 Modification of Practice Direction 6A877 Modification of Practice Direction 9A

878 PART 37: APPLICATIONS AND PROCEEDINGS IN RELATIONTO CONTEMPT OF COURT

878 COMMENTARY878 Overview879 Scope and structure of Part 37880 Committal powers of the Family Court881 Abuse of process882 Requirement for a penal notice: judgments and orders883 Requirement for a penal notice: undertakings884 Service of the order and undertaking884 Application notice887 Service of application notice888 Representation and legal aid891 Hearing of the application to commit894 Evidence895 Proceeding in the absence of the respondent897 Recusal898 Hearing in open court899 Sentence

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905 Application for discharge906 Forms and orders

906 RULES906 Chapter 1: Scope and interpretation906 Scope907 Saving for other powers907 Interpretation908 Chapter 2: Committal for breach of a judgment, order or undertaking to do or abstain from

doing an act908 Enforcement of judgment, order or undertaking to do or abstain from doing an act908 Requirement for service of a copy of the judgment or order and time for service908 Method of service – copies of judgments or orders908 Method of service – copies of undertakings909 Dispensation with personal service909 Requirement for a penal notice on judgments and orders909 How to make the committal application910 Committal for breach of a solicitor’s undertaking910 Chapter 3: Contempt in the face of the court910 Contempt in the face of the court910 Chapter 4: Committal for interference with the due administration of justice910 Scope911 Court to which application for permission under this Chapter is to be made911 Application for permission911 Chapter 5: Committal for making a false statement of truth (Rule 17.6)911 Scope and interaction with other Chapters of this Part912 Committal application in relation to a false statement of truth912 Chapter 6: Writ of sequestration to enforce a judgment, order or undertaking912 Scope912 Writ of sequestration to enforce a judgment, order or undertaking913 Requirement for service of a copy of the judgment or order and time for service913 Method of service – copies of judgments or orders913 Method of service – copies of undertakings913 Dispensation with personal service914 Requirement for a penal notice on judgments and orders914 How to make an application for permission to issue a writ of sequestration914 Form of writ of sequestration914 Chapter 7: General rules about committal applications, orders for committal and writs of

sequestration914 The hearing915 Power to suspend execution of a committal order915 Warrant of committal915 Discharge of a person in custody916 Discharge of a person in custody where a writ of sequestration has been issued916 Chapter 8: Penal and disciplinary provisions under the County Courts Act 1984916 Scope916 Offences under sections 14, 92 or 118 of the Act917 Offences under section 124 of the Act917 Notice to give evidence before or after a fine is imposed under section 31G of the 1984 Act917 Non-payment of fines917 Repayment of fine917 Section 118 of the Act and the tipstaff

917 PRACTICE DIRECTION 37A: APPLICATIONS AND PROCEEDINGS IN RELATION TOCONTEMPT OF COURT

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917 Chapter 2 of Part 37 – committal for breach of a judgment, order or undertaking to do orabstain from doing an act

918 Chapter 3 of Part 37 – contempt in the face of the court919 Chapter 5 of Part 37 – Committal for making a false statement of truth920 Chapter 6 of Part 37 – writ of sequestration to enforce a judgment, order or undertaking920 Chapter 7 of Part 37 – general rules about committal applications, orders for committal and

writs of sequestration920 General rules about applications: applications which cannot be made without permission920 General rules about applications: using Part 18 procedure921 Evidence and information921 The hearing – Rule 37.27921 Striking out, procedural defects and discontinuance922 Annex (Paragraph) 10.2(4)

923 PART 39: ATTACHMENT OF EARNINGS

923 COMMENTARY923 Overview923 Allocation924 Forms and orders

924 RULES924 Chapter I: General924 Application of this Part924 Interpretation of this Part925 Search of court records925 Chapter 2: Securing Payments Under a Maintenance Order in the Family Court – Attachment of

Earnings Order925 Where to apply925 Application for an attachment of earnings order925 Service and reply925 Notice to the debtor’s employer926 Attachment of earnings order926 Failure by debtor926 Enforcement under section 23(1) of the 1971 Act927 Suspended committal order927 Costs927 Contents and service of the order928 Application to determine whether particular payments are earnings928 Notice that an order has ceased to have effect928 Variation and discharge by the court of its own initiative928 Change of Designated Family Judge area929 Exercise of power to obtain statement of earnings etc.929 Offences929 Permission to enforce arrears929 Chapter 3: Securing Payments Under a Maintenance Order in the High Court – Attachment of

Earnings Order

931 PART 40: CHARGING ORDERS, STOP ORDERS, STOPNOTICES

931 COMMENTARY931 Overview931 Allocation

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932 Forms and orders932 Orders for sale

933 RULES933 Chapter 1: General933 Application of this Part933 Interpretation of this Part933 Chapter 2: Charging Orders933 Scope of this Chapter933 Application for a charging order933 Interim charging order934 Service of an interim charging order934 Effect of interim charging order in relation to securities934 Further consideration of the application935 Discharge or variation of order935 Chapter 3: Stop Orders935 Interpretation935 Application for a stop order935 Stop order relating to securities936 Variation or discharge of order936 Chapter 4: Stop Notices936 General936 Request for a stop notice936 Effect of a stop notice937 Amendment of a stop notice937 Withdrawal of a stop notice937 Discharge or variation of a stop notice937 Practice Direction

937 PRACTICE DIRECTION 40A: CHARGING ORDERS, STOP ORDERS AND STOPNOTICES

937 Section I – Charging Orders937 Applicant and application notice – rules 40.2 and 40.4938 High Court and family court jurisdiction938 Change of location938 Enforcement of charging orders by sale938 Charging orders made against partnership property939 Section II – Stop Notices939 Section III – Applications for Orders Made Under Section 23 of the Partnership Act 1890939 Appendix: Stop Notice

941 GLOSSARY941 Scope

942 EXPLANATORY NOTE

943 PRACTICE DIRECTION: PRACTICE DIRECTIONS RELATING TO FAMILYPROCEEDINGS IN FORCE BEFORE 6TH APRIL 2011 WHICH SUPPORT THE FAMILYPROCEDURE RULES 2010

943 Introduction and the Existing Practice Directions943 Application of Practice Direction 23B of the Civil Procedure Rules 1998943 Annex

xlviii Contents

945 Table of Cases

999 Table of Judicial Practice Directions and Guidance

1007 Table of Statutes

1017 Table of Statutory Instruments

1031 Table of European and International Material

1037 Index

Contents xlix