see also Practice Direction 2, Practice Direction 2B
Title | Number |
---|---|
Extent and application of other rules | Rule 5 |
Interpretation | Rule 6 |
Power to perform functions of the court | Rule 7 |
Court’s discretion as to where it deals with cases | Rule 8 |
Court documents | Rule 9 |
Computation of time | Rule 10 |
Dates for compliance to be calendar dates and to include time of day | Rule 11 |
(1) Unless the context otherwise requires, these Rules apply to proceedings in –
(a) the High Court;
(b) a county court; and
(c) a magistrates’ court.
(2) Rule 35.15 of the CPR shall apply in detailed assessment proceedings in the High Court and a county court.
(3) Subject to paragraph (4), Parts 43, 44 (except rules 44.3(2) and (3) and 44.9 to 44.12A), 47 and 48 and rule 45.6 of the CPR apply to costs in proceedings, with the following modifications –
(a) in rule 43.2(1)(c)(ii), ‘district judge’ includes a district judge of the principal registry of the Family Division;
(c) in rule 48.7(1) after ‘section 51(6) of the Supreme Court Act 1981’ insert ‘or section 145A of the Magistrates’ Courts Act 19801’.
(4) Part 47 of the CPR does not apply to proceedings in a magistrates’ court.
(1) In these Rules –
(a) a Saturday, Sunday, Christmas Day or Good Friday; or
(b) a bank holiday under the Banking and Financial Dealings Act 19713, in England and Wales;
(a) means, subject to paragraph (b), a person under the age of 18 years who is the subject of the proceedings; and
(b) in adoption proceedings, also includes a person who has attained the age of 18 years before the proceedings are concluded;
(a) from making any further applications in current proceedings (a limited civil restraint order);
(b) from making certain applications in specified courts (an extended civil restraint order); or
(c) from making any application in specified courts (a general civil restraint order);
(a) annulling a Convention adoption or Convention adoption order;
(b) providing for an overseas adoption or determination under section 91 to cease to be valid; or
(c) deciding the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section;
(2) A section or Schedule referred to by number alone means the section or Schedule so numbered in the Adoption and Children Act 2002.
(1) Where these Rules or a practice direction provide for the court to perform any act then, except where any rule or practice direction, any other enactment, or the Family Proceedings (Allocation to Judiciary) Directions8, provides otherwise, that act may be performed –
(a) in relation to proceedings in the High Court or in a district registry, by any judge or district judge of that Court including a district judge of the principal registry of the Family Division;
(b) in relation to proceedings in a county court, by any judge or district judge including a district judge of the principal registry of the Family Division when the principal registry of the Family Division is treated as if it were a county court9; and
(c) in relation to proceedings in a magistrates’ court –
(i) by any family proceedings court constituted in accordance with sections 66 and 67 of the Magistrates’ Courts Act 198010; or
(The Justices’ Clerks Rules 200511 make provision for a justices’ clerk or assistant clerk to carry out certain functions of a single justice of the peace.)
(2) A deputy High Court judge and a district judge, including a district judge of the principal registry of the Family Division, may not try a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 199812.
The court may deal with a case at any place that it considers appropriate.
(1) A court officer must seal13, or otherwise authenticate with the stamp of the court, the following documents on issue –
(a) the application form;
(b) the order; and
(c) any other document which a rule or practice direction requires it to seal or stamp.
(2) The court officer may place the seal or the stamp on the document –
(a) by hand; or
(b) by printing a facsimile of the seal on the document whether electronically or otherwise.
(3) A document purporting to bear the court’s seal or stamp will be admissible in evidence without further proof.
(4) The relevant practice direction contains provisions about court documents.
(1) This rule shows how to calculate any period of time for doing any act which is specified –
(a) by these Rules;
(b) by a practice direction; or
(c) by a direction or order of the court.
(2) A period of time expressed as a number of days must be computed as clear days.
(3) In this rule ‘clear days’ means that in computing the numbers of days –
(a) the day on which the period begins; and
(b) if the end of the period is defined by reference to an event, the day on which that event occurs
are not included.
(4) Where the specified period is 7 days or less and would include a day which is not a business day, that day does not count.
(1) Where the court makes an order or gives a direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable –
(a) be expressed as a calendar date; and
(b) include the time of day by which the act must be done.
(2) Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.