PRACTICE DIRECTION 25F – ASSESSORS IN FAMILY PROCEEDINGS
See also Part 25, Practice Direction 25A, Practice Direction 25B, Practice Direction 25C, Practice Direction 25D, Practice Direction 25E,
PRACTICE DIRECTION 25F – ASSESSORS IN FAMILY PROCEEDINGS
This Practice Direction supplements FPR Part 25
| Title | Number |
|---|---|
| Scope of this Practice Direction | Para. 1.1 |
| Appointment of assessors in family proceedings | Para. 2.1 |
Scope of this Practice Direction
1.1
This Practice Direction applies to the appointment of assessors in family proceedings in England and Wales.
Appointment of assessors in family proceedings
2.1
The power to appoint one or more assessors to assist the court is conferred by section 70(1) of the Senior Courts Act 1981, which applies to the family court via section 31E(1) of the Matrimonial and Family Proceedings Act 1984 (and section 31J(e) of that Act confirms that this is the case). In practice, these powers have been used in appeals from a district judge or costs judge in costs assessment proceedings – although, in principle, the statutory powers permit one or more assessors to be appointed in any family proceedings where the High Court or the family court sees fit.
2.2
Not less than 21 days before making any such appointment, the court will notify each party in writing of the name of the proposed assessor, of the matter in respect of which the assistance of the assessor will be sought and of the qualifications of the assessor to give that assistance.
2.3
Any party may object to the proposed appointment, either personally or in respect of the proposed assessor's qualifications.
2.4
Any such objection must be made in writing and filed and served within 7 business days of receipt of the notification from the court of the proposed appointment, and will be taken into account by the court in deciding whether or not to make the appointment.