Notes to accompany 6th update
Notes to Accompany 31st January 2013 6th Update
Coming into force
The Family Procedure Amendment (No.5) Rules 2012 come into force on 31 January 2013.
Introduction
Part 1 Overriding Objective
‘Controlling the use of expert evidence’ is added to the list of matters that ‘active case management’ includes.
Part 9 (Proceedings for a Financial Remedy)
An amendment consequential upon the new Part 25 is made to PD9A (Application for a Financial Remedy).
Part 12 Proceedings Relating to Children Except Parental Order Proceedings and Proceedings in Applications for Adoption, Placement and Related Proceedings
The title of Part 12 is changed by replacing ‘Proceedings Relating to Children’ with ‘Children Proceedings’. Rules 12.20 and 12.74 are omitted but similar provisions are contained in the new Part 25.
Part 17 Statements of Truth
An amendment consequential upon the new Part 25 is made to PD17A (Statements of Truth)
Part 25 Experts and Assessors
A new Part 25 replaces the existing one. It alters the duty to restrict expert evidence to one where expert evidence has in the opinion of the court to be necessary to assist the court to resolve the proceedings. The new Part also, among other things, provides for factors to which the court is to have particular regard when deciding in children proceedings whether to give permission for an expert to be instructed, a child to be medically or psychiatrically examined or otherwise assessed or expert evidence to be put before the court.
Rules
- Part 1
- New text substituted for rule 1.4(2)
- Part 12
- New text substituted in the heading to the Part
- Rule 12.20 omitted
-
New text substituted in rule 12.43(a)
- New text substituted in the heading to Chapter 7
- Rule 12.74 omitted
- Part 25
- New Part substituted
Practice Directions
- Practice Direction 9A
- New text substituted in brackets under paragraph 6.6
- Practice Direction 12C
- New text substituted in the title to the Practice Direction
- New text substituted in the descriptive words under the title to the Practice Direction
- Practice Direction 15B
- New Practice Direction inserted
- Practice Direction 17A
- New text substituted in paragraph 1.3
- Practice Direction 25A
- Practice Direction replaced
- Practice Direction 25A
- New Practice Direction inserted
- Practice Direction 25B
- New Practice Direction inserted
- Practice Direction 25C
- New Practice Direction inserted
- Practice Direction 25D
- New Practice Direction inserted
- Practice Direction 25E
- New Practice Direction inserted
- Practice Direction 25F
- New Practice Direction inserted