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NOTES TO ACCOMPANY OCTOBER 2000 20th MONTHLY SUPPLEMENT

Amendments to existing material are included as follows:

Practice Directions:

Part 24
para 9.1 reference to Part 44 should be to Part 45, para 9.3 reference to rule 43.5(5) should be to rule 44.13(1)
Part 36
para 8.4 reference to para 9 should be to para 8
Part 42
para 1.2 amended
Part 49
para 12.4 reference to 11.2 should be 12.2, para 14.2 reference to 13.1 should be 14.1, para 14.4 reference to 13.3 should be 14.3, para 17.1 reference to para 5 should be para 3
Part 52
para 7.6 amended, para 7.7A inserted
Welsh Devolution (Welsh language)
title to PD amended, Part III introductory para amended, para 2.2 deleted, para 10.3(4) amended, paras 14.1 to 14.4 deleted, para 14.1 inserted

Amendments and new material comes in to force on 14 November 2000

Introduction

The Civil Procedure (Amendment No. 2) Rules 2004 and the 36th Practice Direction Update of the Civil Procedure Rules introduce a number of notable changes to procedures including the following:

  • new provisions in Parts 3, 23 and 52 and a
    new Practice Direction supplementing (new) rule 3.11, setting out the
    requirements, power and procedures for making civil restraint orders. Rule 2.3
    is amended to insert a definition of ‘civil restraint order’. These
    changes arose from the judgement by the Court of Appeal in Bhamjee v. Forsdick
    [2003] EWCA Civ 1113;
  • a replacement rule 5.4 and paragraph 4 of
    the Practice Direction supplementing Part 5, which amend the provisions about
    the supply of documents from court records;
  • amendments to the Practice Direction
    supplementing Part 37 in relation to payments into court under certain
    enactments, to replace the requirement to file an application notice with the
    requirement to file a witness statement or affidavit;
  • a replacement Practice Direction B
    supplementing Part 47, enabling a pilot scheme for detailed assessment by the
    Supreme Court Costs Office of costs of civil proceedings in specified London
    county courts;
  • a new Section IV is inserted into Part 45
    providing for fixed recoverable success fees in personal injury claims against
    an employer where the claimant is funded by a conditional fee agreement, with
    some exceptions. The exceptions are that the new section does not apply where
    the claim relates to disease or arises from a road traffic accident, or where
    the claim has been allocated, or would normally be allocated, to the small
    claims track;
  • amendments are made to rule 65.3, that
    affect the evidential requirements when applying for certain anti-social
    behaviour injunctions;
  • new paragraphs 13.2 and 13.3 are inserted
    into the Practice Direction supplementing Part 65, making provision for a pilot
    scheme to operate in certain county courts for applications to join a child to
    principal proceedings and to apply for a certain anti-social behaviour order
    against that child;
  • amendments to CCR Order 49, rule 17, to
    reflect recent changes to disability legislation.

A full list of the changes is set out below:

Rules

Part 2
In rule 2.3 new wording to insert definition of ‘civil restraint order’.
Part 3
In rule 3.3 new paragraph (7) inserted.
In rule 3.4 new paragraph (6) inserted.
New paragraph 3.11 ‘Power of the court to make civil restraint orders’ inserted.
Part 5
In rule 5.4 existing text replaced by new text.
Part 6
In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK rule 6.20, new text inserted after ‘will be served’.
Part 23
New paragraph 23.12 inserted.
Part 45
New text added to the table of contents.
In rule 45.10(2) sub paragraph (b) ‘body of a prescribed description within the meaning of section 30(1) of the Access to Justice Act 1999’ replaced by ‘membership organisation’.
New cross-reference inserted after rule 45.10(2) sub-paragraph (b).
New section IV ‘Fixed Percentage Increase In Employers Liability Claims’ inserted.
Part 52
In rule 52.10 new paragraphs (5) and (6) inserted.
Part 65
In rule 65.3(1) ‘section 153A, 153B or 153D’ replaced by ‘Chapter III of Part V’.
In rule 65.3 where ‘affidavit evidence’ or ‘affidavit’ occurs, it is replaced by ‘witness statement’.

Schedules

Schedule 1

CCR Order 49
In rule 17 paragraph (4) ‘section 25’ replaced by ‘section 17B or 25’.
In paragraph (6) ‘section 66’ replaced by ‘section 65’.
In paragraph (8) ‘or Schedule 3A to’ inserted after ‘section 26’.

Practice Directions

Practice Direction 3
In paragraph 7.6 existing sub-paragraphs (3) and (4) are replaced with new text.
Practice Direction 3C
A new Practice Direction is inserted, setting out:
the circumstances in which the court has power to make civil restraint orders;
the requirements and procedures in relation to civil restraint orders; and
the consequences of making such an order.
Practice Direction 4
This Practice Direction has been amended to reflect the form changes set out below.
Practice Direction 5
Existing paragraph 4 replaced by new paragraphs 4.1 – 4.4.
Practice Direction 7B
In paragraph 3.1, sub-paragraph (5) ‘section 139(a)’ replaced by ‘section 139(1) (a)’.
Practice Direction 22
In paragraph 5 ‘paragraph 27’ replaced by ‘paragraph 28’.
Practice Direction 32
In paragraph 28.3 the words ‘paragraph 27.2(1)’ is replaced by ‘paragraph 28.2(1)’.
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 37
In paragraph 7.1 the words ‘an application notice’ are replaced by ‘a witness statement or an affidavit’. In sub-paragraph (6) ‘application notice’ is replaced by ‘witness statement or affidavit’.
In paragraph 7.2 the words ‘or affidavit’ are inserted after ‘witness statement’.
In paragraph 9.1 ‘an application notice’ is replaced by ‘a witness statement or an affidavit’.
In paragraph 9.2 ‘application notice’ is replaced by ‘witness statement or affidavit’.
In paragraph 11.2 ‘an application notice’ is replaced by ‘a witness statement or an affidavit’.
In paragraph 11.3 ‘application notice’ is replaced by ‘witness statement or affidavit’.
In paragraph 11.4 ‘application notice’ is replaced by ‘witness statement or affidavit’.
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 47B
Existing Practice Direction replaced by new Practice Direction.
Practice Direction 52
In paragraph 21.5, words ‘section 24 of the Social Security Administration Act 1992 and’ deleted.
After ‘Act 1998’ words ‘and paragraph 9 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000’ inserted.
In paragraph 21.10A(14), new text inserted at end of paragraph.
Practice Direction 65
In paragraph 1.1 ‘section 153A, 153B or 153D’ is replaced with new text.
After paragraph 13.1 new paragraphs 13.2 and 13.3 inserted.

Other Practice Directions

EU Competition Law
New text inserted at the end of paragraph 6.

Forms

New Forms are introduced as follows:

N19
Limited Civil Restraint Order
N19a
Extended Civil Restraint Order
N19b
General Civil Restraint Order

Coming into force

All changes come into force on 1st October 2004 with the following exceptions:

6th July 2004

PD 47B

With immediate effect on publication

PD52 (para.21.10A)

EU Competition Law PD

1st September 2004

Rule 65.3

PD 65 (para.1.1)

Coming into force

All the amendments in this update come into force on 1st October 2010 with the following exception:

Amendments providing rules for applications for gang-violence related injunctions – come into force when Part 4 of the Policing and Crime Act 2009 commences.

Introduction

The 53rd Update to the Civil Procedure Rules introduces changes in a large number of areas:

Part 31 Disclosure and Inspection of Documents and new PD31B Disclosure of Electronic Documents

A new Practice Direction is introduced to regulate the approach practitioners should take when considering material relevant to a case which is stored electronically. The new provisions support the PD by confirming that the questionnaire in the PD may be treated as a disclosed document. Form N150 is amended.

Part 55 Possession Claims and CCR O.26 Warrants of Execution, Delivery and Possession

Amendments are made to allow unauthorised tenants living in a mortgaged property to apply to the court for postponement of the date of delivery of possession. Amendments are also made requiring a lender to notify all tenants/occupiers of a property before taking steps to enforce a possession order. An unauthorised tenant may then apply to the lender for a delay in execution to allow the tenant time to find another home. If the lender does not agree to an extension of time the unauthorised tenant may apply to the court for a decision. Form N325 is amended.

Part 63 Intellectual Property Claims and PD63 Intellectual Property Claims

The Rules and Practice Direction are amended to provide a simpler route for lower value claims including scale costs for each stage of the process capped at £50,000.00 for a claim relating to liability and £25,000 for an inquiry as to damages or account of profits.

Part 65 Proceedings relating to Anti-Social Behaviour and Harassment

Amendments are made to allow police and local authorities to apply to the court to obtain an injunction against a gang member, where the applicant shows that the individual has engaged in, encouraged or assisted gang-related violence. Where an injunction is breached the individual may be found to be in contempt of court and liable to be punished in accordance with the Contempt of Court Act 1981.

Part 77 Miscellaneous Provisions in Support of Criminal Justice

RSC Order 116 Criminal Procedure and Investigations Act 1996 is updated and transferred from Schedule 1 to the main part of the CPR.

RSC O.115 Confiscation and Forfeiture in Connection with Criminal Proceedings

Amendments are made to allow for application for a domestic freezing order certificate in conjunction with a restraint order where proceedings have been started against an individual for an offence under sections 15-18 of the Terrorism Act 2000. Amendments are also made to allow for the consideration, on receipt from the Secretary of State, of an overseas freezing order and for the court to give effect to and register that order. Provisions are also made to allow any individual who is the subject of, or affected by, a domestic or overseas freezing order to make an application to the court to vary or discharge the order.

RSC O.116 omitted

PD39B Court Sittings

Amendments are made to allow for the late commencement of the Easter term in 2011.

PD51B Automatic Orders Pilot Scheme

The scheme is extended for a six month period until 31 March 2011.

PD51D Defamation Proceedings Costs Management Scheme

The scheme is extended for a six month period until 31 March 2011.

PD51E County Court Provisional Assessment Pilot Scheme

A pilot scheme to allow for a streamlined procedure for the assessment of Bills of Cost under £25,000 in three county courts for a period of one year is introduced. The intention is to ascertain the viability of assessing lower value bills of costs on paper in the first instance. Parties will be able to request an oral hearing if they are dissatisfied with the outcome of the assessment.

PD62 Arbitration

Amendments are made to the Practice Direction to regulate the material submitted in connection with the permission to appeal process.

PD70 Enforcement of Judgments and Orders

A streamlined process to allow enforcement of settlements which have been negotiated by ACAS, which have not been honoured, is introduced. The creditor will be able to instruct a High Court Enforcement Officer to issue proceedings for a Writ of Fieri Facias on their behalf, and to undertake enforcement of the Writ. Form N471A is introduced.

PD74A Enforcement of judgments in Different Jurisdictions and PD74B European Enforcement Orders

Amendments are made to include Registrars sitting in the Chancery Division in the list of judiciary that can approve applications for certified copies of judgments or Certificates of Judgment.

PD75 Traffic Enforcement

Amendment to the Rules relating to operation of the Traffic Enforcement Centre to ensure the terminology used mirrors the procedure where a court officer’s decision is reviewed by the judge rather an appeal being lodged.

PAP for the Resolution of Clinical Disputes

The Pre-Action Protocol for the Resolution of Clinical Disputes is amended to extend the time the defendant has to reply to a letter of claim from three to four months, and to include a provision that any letter of claim to an NHS Trust or Independent Sector Treatment Centre is copied to the NHS Litigation Authority.

PD Proceedings under Enactments relating to Equality

The Practice Direction is amended to reflect the implementation of the Equalities Act 2010 which consolidates and harmonises the existing discrimination in a single piece of legislation.

Changes to forms

N471A and N325 is introduced

Form N150 has been amended

Rules

Part 30
New text substituted in Rule 30.3(2)(f)
Part 31
New text inserted in the Table of Contents
New text inserted in heading to Rule 31.22
New text inserted after Rule 31.22(3)
Part 45
New text inserted in the Table of Contents
New section inserted after Rule 45.40
Part 52
New text substituted in Rule 52.4(3)
New text inserted after Rule 52.4(3)
New text inserted after Rule 52.5(6)
Part 55
New text inserted after Rule 55.10(4)
Part 63
Text omitted in the Table of Contents
New text inserted in the Table of Contents
Rule 63.4 omitted
New section inserted after Rule 63.16
Part 65
New text inserted in the Table of Contents
Text omitted in Rule 65.1(f)
New text inserted in Rule 65.1(g)
New text inserted after Rule 65.1(g)
New section inserted after Rule 65.41
Part 77
New text substituted in the Table of Contents
New text inserted in Table of Contents
New text substituted for Rule 77.1
New section inserted after Rule 77.5

Practice Directions

Practice Direction 2B
New text substituted in paragraph 8.1(b)
Text omitted in paragraph 8.1(d)(i)
New text substituted in paragraph 8.1(d)(ii)
New text inserted after paragraph 8.1(d)(ii)
New text substituted in paragraph 8.3
Practice Direction 8A
New text substituted in table in paragraph 9.4
Text omitted in table in paragraph 9.4
Practice Direction 30
New text inserted after paragraph 8.9
Practice Direction 31A
New text inserted in title to PD
New text substituted for paragraph 2A.2 to 2A.5
Practice Direction 31B
New Practice Direction inserted after PD31A
Practice Direction 39B
New text inserted in paragraph 1.1(1)(c)
New text inserted after paragraph 1.1(2)
Costs Practice Direction
New text inserted after paragraph 25B.1
Practice Direction 51B
New text substituted in paragraph 1.1B(1)
Practice Direction 51D
New text substituted in paragraph 1.1(1)
Practice Direction 51E
New Practice Direction inserted after PD51D
Practice Direction 52
New text inserted in paragraph 5.1
New text substituted in paragraph 5.9(1)
New text inserted in paragraph 5.9(2)
New text inserted after paragraph 5.9(2)
Practice Direction 62
New text substituted for paragraphs 12.1 to 12.6
Practice Direction 63
New text inserted in Table of Contents
New text substituted in paragraph 1.1
New text inserted in paragraph 1.1
New text substituted in paragraph 17.1
New text inserted after paragraph 26.2
Practice Direction 65
Insert Table of Contents
New text inserted in heading to Section 1
Text omitted in paragraph 1.1
New text inserted in paragraph 1.1
New text inserted after paragraph 1.1
New text inserted in heading to paragraph 2.1
New text inserted in paragraph 2.1
New text substituted in paragraph 2.1
New text inserted in paragraph 3.1
New text substituted in paragraph 3.1(2)
New text substituted in paragraph 3.2(3)
New text substituted in paragraph 3.2(4)
New text inserted in paragraph 4.1
Practice Direction 70
New text substituted in paragraph 4.1(a)
New text substituted in paragraph 4.1A
Practice Direction 74A
New text inserted in paragraph 4.2(1)
New text inserted in paragraph 4.3(1)
Practice Direction 74B
New text inserted in paragraph 2.1(1)
Practice Direction 75
New text substituted in paragraph 7.2

Other Practice Directions

Practice Direction Proceedings under Enactments relating to Equality
Practice Direction substituted

Schedule 1

RSC Order 115
Paragraphs renumbered in Rule 24(ba), (c)
Text omitted in renumbered Rule 24(c)
New text inserted after renumbered Rule 24(c)
New text substituted in Rule 25
New text inserted in heading to Rule 26
New text substituted in Rule 26(1)
New text substituted in Rule 26(2)(c)
New text inserted after Rule 26(2)
New text substituted in Rule 26(4)
New text substituted in Rule 27(2)
New text inserted after Rule 27(3)
New text substituted in heading to Rule 28
New text inserted in Rule 28(3)(c)
New text inserted after Rule 28(5)
New text inserted in heading to Rule 29
New text inserted in heading to Rule 30
New text substituted in Rule 30
New text substituted in heading to Rule 31
New text substituted in Rule 31(1)
New text substituted in heading to Rule 32
New text inserted in heading to Rule 33
New text substituted in Rule 33(1)
New text substituted in heading to Rule 34
New text substituted in Rule 34
New text substituted in heading to Rule 35
New text inserted in the title to Rule 36
New text substituted in Rule 36
New text inserted after Rule 36
Practice Direction RSC 115
New text inserted and substituted in Table of Contents
New text substituted in paragraph 2
New section inserted after paragraph 8.4
New text substituted in Appendix 1
RSC Order 116
Omitted

Schedule 2

CCR Order 26
New text substituted in Rule 17(2)
Text omitted in Rule 17(2)
New text inserted after Rule 17(2)

Pre Action Protocols

Pre-Action Protocol for Resolution of Clinical Disputes
New text inserted in paragraph 3.15
New text substituted in paragraph 3.25

Forms

New versions of N150 and N325 are made available.

New form N471A is made available.

Coming into force

All the amendments in this Update come into force on 18 June 2011.

Introduction

The 1st Update to the Family Procedure Rules introduces changes to support the operation of the Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the Maintenance Regulation).

Part 2 Application and Interpretation of the Rules

Amendments include the insertion of a definition of the Maintenance Regulation.

Part 5 Forms and Start of Proceedings

An amendment is made to disapply the provision permitting a variation of a form in relation to forms annexed to the Maintenance Regulation.

Part 6 Service

A provision is added where a document is being served in accordance with the Service Regulation to allow an applicant to file a photograph of the person to be served if the applicant considers it would assist in ensuring effective service.

Part 9 Applications for a financial remedy

Amendments are made to enable an applicant for maintenance from another Member State to apply using forms annexed to the Maintenance Regulation rather than the usual domestic forms. Rules in this Part relating to service of documents are amended to provide that the court serve where the applicant does not already know the address of the respondent so as to reduce the potential risk of familial violence to the respondent resulting from the applicant discovering the respondent’s whereabouts as a result of the service process.

Provision is also made to prescribe the procedure where a respondent fails to attend a hearing to establish maintenance in cross border cases and in cases where questions as to the court’s jurisdiction to make a maintenance decision arises or a stay of proceedings is sought.

Part 17 Statements of Truth

Amendment is made to the meaning of a statement of case for the purposes of Part 17.

Part 20 Interim Remedies and Security for Costs

A consequential amendment is made to the rule relating to the conditions for making an order for security of costs.

Part 32 Registration and Enforcement of Orders

The definition of the Maintenance Orders Act 1958 is moved from Part 32 to Part 2.

Part 34 Reciprocal Enforcement of Maintenance Orders

Amendments are made to the rules governing the procedures for the reciprocal enforcement of maintenance orders so as to cover proceedings under the Maintenance Regulation. Provision is also made regarding stays, documents and translations required by the court in relation to the enforcement of certain international maintenance decisions.

Chapter 2, Section 2, sub-section 1 of this Part is removed to reflect the fact that the Maintenance Regulation replaces the previous reciprocal enforcement regime between the U.K. and the Republic of Ireland.

Rules

Part 2
New text inserted in Rule 2.3(1)
Part 5
New text inserted after Rule 5.1(4)
Part 6
New text inserted after Rule 6.44(3)
Part 9
New text substituted in the Table of Contents
New text inserted in the Table of Contents
New text inserted after Rule 9.3(2)
New text inserted after Rule 9.12(3)
New text inserted after Rule 9.14(2)
New text inserted after Rule 9.18(3)
New text inserted after Rule 9.19(2)
Rule 9.22 substituted by new Rule 9.22
New Rule 9.26A inserted
Part 17
Rule 17.1 substituted by new Rule 17.1
Part 20
New text inserted in Rule 20.7(2)(a)(ii)
Part 32
New text substituted in Rule 32.1(2)
Part 34
Text omitted from the Table of Contents
New text inserted in the Table of Contents
New text substituted in the Table of Contents
New text substituted in Rule 34.1(5)
New text inserted after Rule 34.1(5)(c)
New text inserted in Rule 34.3
New text substituted in Rule 34.12(3)
Text omitted in Rule 34.13
New text substituted in Rule 34.20(4)
Section 2, sub-section 1 omitted
New text inserted in the heading to Chapter 3
New Rule 34.28A inserted before Rule 34.29
New text inserted in Rule 34.29(a)
Rule 34.29(b) substituted for new Rule 34.29(b)
New Rule 34.29A inserted after Rule 34.29
Rule 34.30(2)(c) substituted by new Rule 34.30(2)(c)
Rule 34.31(1)(c) substituted by new Rule 34.31(1)(c)
New text substituted in Rule 34.32(1)
New text inserted after Rule 34.34(2)
New text substituted in Rule 34.35(3)
New text inserted after Rule 34.35(3)(d)
New Rule 34.36A inserted after Rule 34.36
New text inserted in the sub-heading to Chapter 3, Section 2
Rule 34.37 omitted
New text substituted in Rule 34.38(1)
New text substituted in Rule 34.38(2)(a)
New text inserted in Rule 34.38(2)(b)
New text inserted in Rule 34.38(2)(c)
New text inserted in Rule 34.38(3)
New text inserted in Rule 34.38(7)
New text substituted in the words in brackets after Rule 34.38(7)
New text substituted in Rule 34.39(1)(b)
New text substituted in Rule 34.39(2)
New text substituted in Rule 34.39(3)(c)
New text inserted in Rule 34.39(4)
New text substituted in Rule 34.39(5)(b)(iii)
New Rule 34.40 inserted after Rule 34.39

PRACTICE DIRECTION – PRACTICE DIRECTIONS RELATING TO FAMILY PROCEEDINGS IN FORCE BEFORE 6th APRIL 2011 WHICH SUPPORT THE FAMILY PROCEDURE RULES 2010Introduction and the Existing Practice Directions

Contents of this Practice Direction

TitleNumber
Application of Practice Direction 23B of the Civil Procedure Rules 1998Para. 2.1
Annex 

1.1

The Family Procedure Rules 2010 (‘the FPR 2010’) come into force on 6th April 2011.The purpose of this practice direction is to inform court users of the practice directions relating (only) to family proceedings which date from before 6th April 2011 (‘existing Practice Directions’) but will continue to apply after that date.

1.2

The table in the Annex to this practice direction lists those existing Practice Directions which will continue to apply. The listed existing Practice Directions will apply to family proceedings on and after 6th April 2011 –

(a) with the modifications outlined in the Annex (in particular that the numbering of the existing Practice Directions will be as set out in column one of the table in the Annex) and any other modifications necessary in consequence of the FPR 2010 coming into force; and

(b) subject to the FPR 2010 and any other practice directions supporting those rules.

Application of Practice Direction 23B of the Civil Procedure Rules 1998

2.1

Paragraphs 1.1, 1.2, 1.4 and 1.5 of CPR Practice Direction 23B apply to applications under Part lll of the Family Law Reform Act 1969 for the use of scientific tests to determine parentage. These applications will be made using the procedure in Part 18 of the FPR 2010 (Procedure for Other Applications in Proceedings).

Annex

NumberTitleDateCourtUpdated Rule References
Practice Direction 6CPractice Direction (Disclosure of Addresses by Government Departments)
  • (amending Practice Direction of 13th February 1989)
  • (NB this practice direction does not apply to requests for disclosure from HMRC and related agencies which are covered by ‘Disclosure Orders against the Inland Revenue-Guidance from the President’s Office (November 2003)’
20 July 1995High Court, county court and magistrates’ court
Practice Direction 7DGender Recognition Act 20045th April 2005High Court and county court
Practice Direction 12APublic Law Proceedings Guide to Case Management: April 2010April 2010High Court, county court and magistrates’ court
Practice Direction 12BThe Revised Private Law ProgrammeApril 2010High Court, county court and magistrates’ court
Practice Direction 12IApplications for Reporting Restriction Orders (NB this practice direction applies to information about children and protected parties)18 March 2005High Court
Practice Direction 12JResidence and Contact Orders: Domestic Violence and Harm14th January 2009High Court, county court and magistrates’ courtIn paragraph 10, for ‘the Family Proceedings Rules 1991, rule 4.17AA and by the Family Proceedings Courts (Children Act 1989) Rules 1991, rule 17AA’, substitute, ‘rule 12.34 of the Family Procedure Rules 2010’
Practice Direction 12KPresident’s Direction (Children Act 1989: Exclusion Requirement)17th December 1997High Court, county court and magistrates’ court
Practice Direction 12LChildren Act 1989: Risk Assessments under Section 16A3rd September 2007High Court, county court and magistrates’ court
Practice Direction 12MFamily Assistance Orders: Consultation3rd September 2007High Court, county court and magistrates’ court
Practice Direction 12NEnforcement of Children Act 1989 Contact Orders: Disclosure of Information to Officers of the National Probation Service (High Court and county court)6th November 2008High Court and county court (The Lord Chief Justice issued a Practice Direction on this subject for the magistrates’ courts mirroring the one for the High Court and county courts)
Practice Direction 12OPractice Direction (Arrival of Child in England by Air)18th January 1980High Court and county court
Practice Direction 12PRegistrar’s Direction(Removal from jurisdiction: issue of Passports)15th May 1987High Court and county court
Practice Direction 14AWho Receives a Copy of the Application Form for Orders in ProceedingsHigh Court, county court and magistrates’ courtIn the heading, for ‘Part 5, rule 24(1)(b)(ii) of the Family Procedure (Adoption) Rules 2005’, substitute ‘Part 14, rule14.6(1)(b)(ii) of the Family Procedure Rules 2010’
Practice Direction 14BThe First Directions Hearing-Adoptions with a Foreign ElementHigh Court, county court and magistrates’ courtIn the heading, for ‘Part 5, rule 26(3) of the Family Procedure (Adoption) Rules 2005’, substitute ‘Part 14, rule 14.8(3) of the Family Procedure Rules 2010’; and in paragraph 2,for ‘rule 26(1)’, substitute ‘rule 14.8(1)’
Practice Direction 14CReports by the Adoption Agency or Local AuthorityHigh Court, county court and magistrates’ courtIn the heading for ‘Part 5, rule 29(3) of the Family Procedure (Adoption) Rules 2005’, substitute ‘Part 14, rule 14.11(3) of the Family Procedure Rules 2010’
Practice Direction 14DReports by a Registered Medical Practitioner (‘Health Reports’)High Court, county court and magistrates’ courtIn the heading for ‘Part 5, rule 30(2) of the Family Procedure (Adoption) Rules 2005’,substitute ‘Part 14, rule 14.12(2) of the Family Procedure Rules 2010’; and in paragraph 1.1, for ‘rule 30(1)’, substitute ‘rule 14.12(1)’
Practice Direction 14ECommunication of Information Relating to the ProceedingsHigh Court, county court and magistrates’ courtIn the heading for ‘Part 8, rule 78(1)(b) of the Family Procedure (Adoption) Rules 2005’, substitute ‘Part 14, rule 14.14(b) of the Family Procedure Rules 2010’; and in paragraph 1.1, for ‘rule 78’, substitute ‘rule 14.14’
Practice Direction 14FDisclosing Information to an Adopted AdultHigh Court, county court and magistrates’ court In the heading for ‘Part 8, rule 84(1)(d) of the Family Procedure (Adoption) Rules 2005’, substitute ‘Part 14, rule 14.18(1)(d) of the Family Procedure Rules 2010’; in paragraphs 1,1 and 1.2, for ‘rule 84’, substitute ‘rule 14.18’; and in paragraph 1.2, for ‘rule 17’, substitute ‘rule 5’
Practice Direction 27AFamily Proceedings: Court Bundles (Universal Practice to be applied in All Courts other than the Family Proceedings Court)27th July 2006High Court and county court
Practice Direction 27BAttendance of Media Representatives at Hearings in Family Proceedings (High Court and county courts) (This practice direction should be read as if amended by Re X (a child)(residence and contact: rights of media attendance)(2009) EWHC 1728 (Fam) [87])20th April 2009 High Court and county courtsFor references to ‘rule 10.28 of the Family Proceedings Rules 1991’, substitute ‘rule 27.11 of the Family Procedure Rules 2010’;
  • in paragraph 2.2 for ‘paragraphs (4) to (6)’, substitute ‘paragraphs (3) to (5)’;
  • in paragraph 2.3, for ‘Part 11 of the Family Proceedings Rules 1991’, substitute ‘Part 12,Chapter 7 of the Family Procedure Rules 2010 and Practice Direction 12G’;
  • in paragraph 4.2, for ‘paragraph (8)’,substitute ‘paragraph (7)’;
  • in paragraph 4.3, for ‘paragraph (3)(f)’, substitute ‘paragraph 2(f)’ and for ‘paragraph 3(g)’, substitute ‘paragraph (2)(g)’;
  • in paragraph 5.1,for paragraph(4), substitute paragraph (3);
  • in paragraph 5.2, for ‘paragraph (4)’,substitute ‘paragraph (3)’ and for ‘paragraph (4)(a)’, substitute ‘paragraph 3(a)’;
  • in paragraph 5.3, for ‘paragraph 4(a)(iii)’, substitute ‘paragraph 3(a)(iii)’;
  • in paragraph 5.4, for ‘paragraph 4(b)’, substitute ‘paragraph 3(b)’; and
  • in paragraph 6.1, for ‘paragraph (6)’ substitute ‘paragraph (5)’
Practice Direction 27CAttendance of Media Representatives at Hearings in Family Proceedings (Family Proceedings Court) (This practice direction should be read as if amended by Re X (a child)(residence and contact: rights of media attendance)(2009) EWHC 1728 (Fam) at [87]20th April 2009 Magistrates’ courtsIn paragraph 1.1, for ‘rule 16A of the Family Proceedings Courts (Children Act 1989) Rules 1991 (‘the Rules’)’, substitute ‘rule 27.11 of the Family Procedure Rules 2010 (‘the Rules’)’;
  • in paragraph 2.1, for references to ‘rule 16A(2)’ where it occurs, substitute ‘rule 27.11(1)’ and for ‘paragraphs (3) to (5) of rule 16A’, substitute; ‘paragraphs (3) to(5) of rule 27.11’;
  • in paragraph 2.2, for ‘rule 16A(2)’, substitute ‘rule 27.11(1)’;
  • in paragraph 2.3 for ‘Part 11C (rules relating to disclosure to third parties)’, substitute ‘Part 12, Chapter 7 of the Family Procedure Rules 2010 and Practice Direction 12G’;
  • in paragraph 2.4, for ‘rule 16A’, substitute ‘rule 27.11’;and
  • in paragraph 4.3, for ‘paragraph (1)(f)’, substitute ‘paragraph 2(f)’ and for ‘paragraph (1)(g)’ substitute ‘paragraph 2(g)’
Practice Direction 29BHuman Rights Act 199824th July 2000High Court, county court and magistrates’ court
Practice Direction 34B Practice Note Tracing Payers Overseas10th February 1976High Court and county court

Updated: Monday, 30 January 2017