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NOTES TO ACCOMPANY JUNE 2000 16th MONTHLY SUPPLEMENT

Amendments to existing material are included as follows:

Rules

6.20
amended following changes to the Costs Rules
7.2
8.2, 8.3
15.6
16.2
24.2
38.8
42.2. 43.2
44 contents,
44.3A, 44.3B, 44.4, 44.8, 44.12A, 44.14A, 44.15, 44.16, 44.17
45.1
46.3
47 contents
47.8
47.10, 47.13, 47.17A, 47.19, 47.20, 47.22
Part 48 contents, 48.2, 48.6A, 48.7, 48.8, 48.9
Schedule 2
CCR O 49.17

Practice Directions:

Part 6B
5.2 new enactments
Part 7C
1.4 (4) amended
Part 23
new para 6.1A
Part 52
new para 2A.6, 21.2 (4), (5), and (6) amended
Pre-Action Protocol
new para 4A
Costs
new to supplement parts 43 to 48

Protocols:

Personal Injury Protocols
paras 2.2, 2.4, 2.11, 3.8, 3.16, 3.21 amended

Forms

N244
new form

The new Costs Practice Direction and para 4A in the Protocol Practice Direction will come in to force on 3 July, with all other amendments coming in to force on the 14 July.

This update does not include some final changes to the Costs Practice Direction, or other consequential changes to other rules in this publication. These are available on the LCD website, ‘http://www.lcd.gov.uk/‘. They can be requested by email via ‘civiljustice@lcdhq.gsi.gov.uk‘, or by contacting the Lord Chancellor’s Department on 020 7210 8774. These changes will be included in July, update 17.

Introduction

The 32nd update of the Civil Procedure Rules amends Part 43 rule 43.2 which, together with amendments to the Conditional Fee Agreements Regulations 2000 and the Collective Conditional Fee Agreement Regulations 2000, will abrogate the indemnity principle in relation to the type of conditional fee agreement covered by the amended regulations. Solicitors will to this extent be able to agree lawfully with their clients not to seek to recover by way of costs anything in excess of what the court awards, or what is agreed will be paid, and will no longer be prevented from openly contracting with their clients on such terms. The new CPR Rule 43.2(3) and (4) provides that costs whose recovery is limited in this way are nevertheless recoverable costs for the purposes of CPR Parts 44-48.

Minor amendments have been made to rule 2.1 to make clear that the Civil Procedure Rules do not apply directly to election petitions in the High Court (although they apply indirectly). Rule 3.7 ensures that where a claim is struck out for non-payment of a fee and the claimant applies to have the claim reinstated, the time allowed for payment of the fee does not expire before he has an opportunity to pay it.

A new Practice Direction 23B is introduced, to provide for a pilot scheme for telephone hearings to operate at Newcastle Combined Court Centre from 1 September 2003 to 27 February 2004. A number of Practice Direction amendments are also made including changes to Practice Direction 6 in relation to electronic service of documents. A full list of the changes is set out below:

Amendments to existing material are included as follows:

Rules

Part 2
In rule 2.1, in the table at the end of paragraph (2), insertions are made as follows:
(a) at the end of the first column, ‘7. Election petitions in the High Court’ and
(b) at the end of the second column, ‘Representation of the People Act 1983 (c), s.182’.
Part 3
In rule 3.7, new paragraph (7) substituted for existing sub-paragraph. New paragraph (8) inserted.
Part 43
In rule 43.2, after paragraph (1), cross-reference has been deleted. After paragraph (2), new paragraphs (3) and (4) inserted.
Part 54
In rule 54.22, paragraph (3), sub-paragraph (a) replaced by new text.
In rule 54.22, sub-paragraph (5) deleted.

Schedules

Schedule 2
CCR Order 6
Rule 6 revoked.

Practice Directions

Practice Direction 2
Existing paragraph 2.1(2) replaced by new text.
Practice Direction 6
Existing paragraphs 3.1-3.4 replaced by new text.
Practice Direction 6B
Typing errors corrected ‘judicial’ and ‘extrajudicial’.
Practice Direction 16
In paragraph 6.2 (1) ‘7.1’ replaced by ‘6.1’.
Practice Direction 23B
Practice Direction on ‘Pilot Scheme for Telephone Hearings’ inserted.
Practice Direction 40
Existing paragraph 15 replaced by new text.
Practice Direction 52
Existing paragraph 2A.2 replaced by new text. In table in paragraph 20.3, under ‘Appeals to the High Court’, ‘Nurses, Midwives and Health Visitors Act 1977’ changed to ‘1997’.
Practice Direction 56
Paragraph 6.1 – new paragraph inserted at the end of this paragraph (in brackets). Paragraph 9.6 – new paragraph inserted at the end of this paragraph (in brackets). Paragraph 13.3 – new paragraph inserted at the end of this paragraph (in brackets). Paragraph 14.6 – new paragraph inserted at the end of this paragraph (in brackets). New paragraph 15.1 inserted.
Practice Direction 57
Paragraph 2.2 (3) – existing text replaced by new text.
Practice Direction 68
European Court Information Note inserted as Annex to Practice Direction. NB This annex was omitted in error from update 29.
Practice Direction 75
In paragraph 1.1 (3) ‘the Vehicle Emissions Regulations’ deleted and in its place ‘the Vehicle Emissions (England) Regulations’ inserted. In paragraph 1.1, the order of 1.1(3) and 1.1(4) swapped round so that the definition of ‘the Road User Charging Regulations’ appears before the definition of ‘the Vehicle Emissions (England) Regulations’. New paragraph 1.1(5) inserted. In paragraph 1.2(4) ‘(England)’ inserted between ‘Emissions’ and ‘Regulations’. At the end of 1.2(5), ‘and’ has been deleted. After paragraph 1.2(6), 1.2(7) inserted. In paragraph 1.3(2)(c) ‘(England)’ inserted between ‘Emissions’ and ‘Regulations’. In paragraph 1.3(2), at the end of 1.3(2)(c), ‘or’ deleted. In paragraph 1.3(2), at the end of 1.3(2)(d), new sub-paragraph (e) inserted. In paragraph 1.3(3)(d) ‘(England)’ inserted between ‘Emissions’ and ‘Regulations’. In paragraph 1.3(3), at the end of 1.3(3)(e), ‘or’ deleted. In paragraph 1.3(3)(f), ‘and’ deleted and new sub-paragraph (g) inserted. In paragraph 4.1, paragraph 4.1(2) replaced by new text. In paragraph 5.1(3) ‘(England)’ inserted between ‘Emissions’ and ‘Regulations’. In paragraph 5.1, at the end of 5.1(3), ‘or’ deleted. In paragraph 5.1, at the end of 5.1(4), new sub-paragraph (5) inserted.

Forms

N20
Form N20 replaced.

Coming into force

All changes come into force on 2nd June 2003, with the exception of:

  • Part 54 changes on 9th June.
  • Practice Directions 2, 6, 40 and 57 on
    31st July.
  • Practice Direction 23B on 25th
    August.
  • Practice Direction 52 on 1st April.
    This PD change accompanies the Civil Procedure (Modification of Enactments)
    Order 2003, which came into force on 1st April.
  • Practice Direction 56 –
    The
    sections of the Commonhold and Leasehold Reform Act 2002 which affect the
    Practice Direction supporting Part 56 will come into force on
    30th September 2003 in England and at a later, as yet
    undecided, date in Wales. Hence the transitional provisions included in this
    update.
  • Changes to Practice Direction 75 came into force
    1st May.

Coming into force

All the amendments including in this update come into force on 6 April 2009 with the following exceptions:

Part 79 in relation to Financial Restrictions proceedings under the Counter-Terrorism Act 2008 came into force 4 December 2008; and

Practice Direction 52 Appeals. Changes in relation to statutory appeals come into force on 9 January 2008.

Introduction

The 49th Update to the Civil Procedure Rules introduces changes in a large number of areas:

Consequential amendments have been made to Part 1, Part 3, Part 7, Part 14, Part 16, Part 30, and RSC O.115 and to PD55, PD64, the PD on Devolution Issues, the Pre Action Protocol for Judicial review and to the Glossary.

Part 7 How to start proceedings – the Claim Form and PD7C Production Centre

Amendments allow for claims to be issued electronically through the Money Claim Online and Court Production Centre where the particulars of claim are to be served separately.

PD7D Claims for the recovery of taxes

Amendments extend the list of taxes and duties subject to the streamlined procedure set out in PD7D. These include student loan repayments deductible by or recoverable from the employer, VAT, insurance Premium Stamp Duty Land Tax, Environmental Taxes, and Duties of Custom and Excise.

Part 14 Admissions

An amendment to Rule 14.1A(2)(a) as a consequence of a new PD on Pre Action Conduct.

Part 26 Case Management

For those claims issued on or after 6 April 2009 the financial limit of the fast track procedure is increased from £15,000 to £25,000.

Part 44 General Rules about Costs and PD supplements Parts 43–48 Costs

New rules to allow applications for and variation of costs capping orders on future costs are inserted and the Practice Direction is amended.

Part 46 Fast Track Trial Costs

The table setting out the amount of fast track trial costs, which may be awarded by the court, is amended. An additional entry of £1,650 is inserted for those fast track cases where the value of the claim is more than £15,000. The original entry is modified to cover claims in the £10,000 – £15,000 band.

PD52 Appeals

As a consequence of the creation of a new Tribunal systems, including the new Upper Tribunal PD52 is amended. These changes come into force on 9 January 2009.

PD54D Judicial Review (Administrative Court (Venue)

A new Practice Direction supplementing Part 54 is inserted setting out the procedures for issue, administration and hearing of cases outside London and Cardiff.

Part 55 Possession Claims and PD55

This Part is amended to extend the period of notice about a possession claim that must be given by the claimant to the occupiers of the relevant property.

Part 70 General Rules about Enforcement of Judgments and Orders and PD70

This provision enables the enforcement of negotiated settlements in employment tribunal cases to be enforced as if payable under a court order.

Part 75 Traffic Enforcement and PD75

This amendment enables requests for a review of a court officer’s decision to be determined without an oral hearing unless the person making their request asks for a hearing or the court orders a hearing. Provision is also made to enable an authority to request reissue of warrants (within the 12 month validity period) where the respondent’s address has changed since the issue of the warrant.

Part 79 Financial Restrictions proceedings under the Counter – Terrorism Act 2008

This new Part came into force on 4 December 2008 and provides for financial restrictions proceedings, including the application to the High Court to set aside a financial restrictions decision.

CCR Order 26 Warrants of Execution, Delivery and Possession

This amendment requires a person requesting a warrant of possession to be issued to file a request certifying that the land, which is subject of the judgement or order, has not been vacated.

Practice Direction – Protocols

A new Practice Direction is created on the Pre-Action Conduct of parties. This includes the requirement in business debt claims for the creditor to provide information about sources of advice to the debtor before issuing proceedings. A consequential amendment is made to Rule 14.1A92)(a) on introduction of this new Practice Direction.

Rules

Part 1
New text substituted in Rule 1.2(b)
Part 3
New text substituted at Rule 3.1(4)
New text inserted at Rule 3.1(4)
Part 7
New text substituted at Rule 7.4(3)
Part 14
New text substituted at Rule 14.1A(2)(a)
New text inserted at Rule 14.1A(2)(a)
New text substituted at Rule 14.1A(2)(b)
Part 16
New text substituted at Rule 16.3(2), Rule 16.3(3) and Rule 16.3(4)
Text omitted at Rule 16.3(4)(b)
New text substituted at Rule 16.3(5)(a)
New text substituted at Rule 16.3(6) and Rule 16.3(6)(a)
Text omitted at Rule 16.3(6)(b)
Part 26
Text omitted at Rule 26.6(1)(a)(i) and Rule 26.6(1)(a)(ii)
New text substituted at Rule 26.6(1)(b)
Text omitted at Rule 26.6(1)(b)(iii) and Rule 26.6(3)
New text substituted at Rule 26.6(4)
Part 30
New text inserted after Rule 30.6
Part 44
New text inserted in table of contents
New text inserted at Rule 44.3(5)(a)
New text inserted after Rule 44.17
Part 46
New text inserted in the table at Rule 46.2
New text substituted at Rule 46.2(3)(b) and Rule 46.2(3)(b)(iii)
New text substituted at Rule 46.2(6)(c)
Text omitted in the parenthesis below Rule 46.2(6)
Part 55
New text substituted at Rule 55.10(2)
Part 70
New text substituted in the table of contents
New heading and text substituted at Rule 70.5
Part 75
New text inserted in the table of contents
New text substituted at Rule 75.5
New text inserted after Rule 75.5
New text substituted at Rule 75.7(6)
New text inserted after Rule 75.7(6)
Part 79
New Part inserted

Practice Directions

Practice Direction 3D
New text inserted at paragraph 9
Practice Direction 7A
New text substituted at paragraph 2.1
New text substituted at paragraph 3.3
New text substituted at paragraph 3.6(1)
New text substituted at paragraph 3.7
New text substituted in parenthesis below paragraph 3.9
New text substituted at paragraph 4.1(4)
New text substituted at paragraph 5B.2
New text substituted in parentheses below paragraph 5B.3
New text substituted at paragraph 5C.1(2)
New text substituted at paragraph 5C.1(3)
New text substituted at paragraph 6.1
Text omitted at parenthesis below paragraph 7.3
Practice Direction 7B
Omit sub-paragraph 5A at paragraph 3.1
Text omitted at sub-paragraph 6(b) at paragraph 3.1
Text omitted and new text substituted at 10.2
omit paragraph 10.2A
New text substituted at paragraph 10.3
Practice Direction 7C
Substitute whole of PD for new text
Practice Direction 7D
New text inserted in heading to PD
New text substituted in paragraph 1.1(e)
New text inserted after paragraph 1.1.(e)
New text inserted below paragraph 3.1
Practice Direction 7E
Substitute to the whole of the PD for new text
Practice Direction 8
New text inserted in the table following paragraph 9.4
New text substituted in heading above paragraph 20.1
Text omitted in paragraph 20.1(2)
New text substituted in paragraph 20.1(3)
New text inserted after 20.1(3)
New text inserted at paragraph 22.3
Practice Direction 24
New text inserted at paragraph 2(6)
Practice Direction 28
New text inserted at paragraph 3.2
Text omitted at paragraph 3.13(2)
New text inserted at paragraph 3.13(2)
Practice Direction 29
New text inserted at paragraph 4.2
Practice Direction 43–48
Text omitted at paragraph 4.6(7)
New text inserted at paragraph 4.6(7)
New text inserted after paragraph 19.2(4)
Text omitted at paragraph 19.2(5)
New text inserted after paragraph 23.18
Practice Direction 52
New text substituted at paragraph 17.3 and heading to paragraph 17.3
New text inserted after paragraph 17.4
New text substituted at paragraph 17.5(1)
New text substituted after paragraph 17.5(1)
text omitted in the table at paragraph 20.3
New text inserted at paragraph 21.4
Text omitted at paragraph 21.5, heading to paragraph 21.5, and parenthesis following paragraph 21.5(5)
Text omitted at paragraph 22.5 and the heading to paragraph 22.5
Practice Direction 54A
New text substituted in title to the PD54
New text inserted after paragraph 2.1
Text omitted at paragraphs 2.2, 2.3, 2.4, 3.1 and 3.2
New text substituted in paragraph 5.4(1)
New text substituted in paragraph 5.5
Text omitted in paragraph 8.3
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 54B
New text substituted in title to PD
Practice Direction 54C
New text substituted in title to PD
Practice Direction 54D
New Practice Direction inserted
Practice Direction 55
New text substituted at paragraph 10.8
Practice Direction 64
New text inserted at paragraph 7.5
New text substituted at paragraph 7.5
Practice Direction 70
New text substituted at paragraph 4 and heading to paragraph 4
New text substituted at heading to paragraph 5
Practice Direction 75
Text omitted at paragraph 6.1
New text substituted at paragraph 6.2
Text omitted at paragraph 6.2

Schedule 1

RSC O.115 Practice Direction
New text substituted in Rule 16(1)
New text inserted in Rule 16(1)
New text substituted at Rule 32(1)
New text inserted at Rule 32(1)

Schedule 2

CCR O.26 Practice Direction
New text substituted at Rule 17(2)

Other Practice Directions

Devolution Issues (and Crown Office Applications in Wales)
New text substituted at paragraph 14.1 and heading to paragraph 14.1
Text omitted at paragraph 3 of Annex 2 to the PD

Pre Action Protocols

Pre Action Protocol Practice Direction
PD substituted with new text
Pre Action Protocol Judicial Review
New text substituted at paragraph 3.3
New text substituted in first bullet point in Annex A, Section 2
New text substituted in second bullet point in Annex A, Section 2
New text substituted in fourth bullet point in Annex A, Section 2

Glossary

New text substituted at definition of Pre Action Protocol

Forms

New versions of N225, N322A, N461 and N461 (notes for guidance) and N462 are made available.

New forms N322B, N464, N465 and Ex80B are 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