This website contains authoritative Commentary, written by the At A Glance / @eGlance Editorial Board, on the Family Procedure Rules governing financial applications, together with links to the rules themselves, their practice directions and forms, and to relevant cases, statutes and international instruments.
The site is in two parts, commentaries and sources. The page you are on lists all of the commentaries. Click on one and its contents will be displayed. In each section of commentary where a source is cited, there is a link to that source. There is also a list of all the sources cited at the foot of each section.Use the sources tab to browse the sources referred to in the commentaries and see where they are cited within the commentary.
The content of this site reflects that of the latest version of @eGlance (2020.2, released September 2019).
Access to the Commentary is available to:
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Browse the contents below
- An Overview
- Overriding Objective (Part 1)
- Application and Interpretation of the Rules (Part 2)
- Alternative Dispute Resolution: The Court's Powers (Part 3)
- Vulnerable Persons: Participation in Proceedings and Giving Evidence (Part 3A)
- General Case Management Powers (Part 4)
- Introduction to Part 4
- General powers of management
- Applications to vary, revoke or set aside a previous order
- Joinder
- Altering time limits
- Consolidation
- Conditions
- Court acting on its own initiative
- Power to strike out a statement of case
- Debarring orders
- Duplicative claims
- Cause of action and issue estoppel
- Abusive collateral attack
- Other abusive applications
- Sanctions
- Rectification of errors of procedure
- Civil Restraint Orders (CROs)
- Forms & Start of Proceedings (Part 5)
- Service (Part 6)
- Procedure for Applications in Matrimonial & Civil Partnership Proceedings (Part 7)
- Procedure for Miscellaneous Applications (Part 8)
- Overview
- Chapter 3: Application under Matrimonial Causes Act 1973, section 36 or para 73 of Schedule 5 to the Civil Partnership Act 2004 for alteration of a maintenance agreement after death of one party
- Chapter 4: Application under 17 of the Married Women's Property Act 1882 or section 66 of the Civil Partnership Act 2004 for a question as to property to be decided in summary way
- Chapter 6: Application under section 13 of the Matrimonial and Family Proceedings Act 1984 or para 4 of Schedule 7 to the Civil Partnership Act 2004 for permission to apply for a financial remedy after overseas proceedings
- Chapter 7: Application for the transfer of a tenancy under section 53 of, and Schedule 7 to, the Family Law Act 1996
- Chapter 8: Applications for orders preventing avoidance under section 32L of the Child Support Act 1991
- Applications for a Financial Remedy (Part 9)
- Overview
- Definitions
- Financial applications not covered by Part 9
- Issuing the application
- Procedure before the first appointment
- First Appointment
- FDR
- Bundles
- Final hearing
- Fast-track procedure
- Efficiency measures in the CFC
- Third party disclosure
- Interim Relief
- Consequential powers and consent orders
- Estimates of costs and open proposals
- Costs in financial remedy proceedings
- Pensions
- Pre-action protocol
- Applications to set aside
- Forms (Part 9)
- Disclosure of information from financial remedy proceedings into child support proceedings
- Representation of Protected Parties (Part 15)
- Overview of Part 15
- Definition of protected party
- Procedure where an adult may be a protected party
- Requirement to have a litigation friend
- Children no longer dealt with in this Part
- Counterpart to CPR Part 21
- Litigation friend and deputy
- Appointment of litigation friend without court order
- Appointment of litigation friend by court order
- Change of litigation friend
- Fluctuation in a party's capacity to conduct litigation
- Ability of a protected party to give evidence as a witness
- Compromise of proceedings involving a protected party
- Where appointment of a litigation friend comes to an end
- Statements of Truth (Part 17)
- Procedure for Other Applications in Proceedings (Part 18)
- Alternative Procedure for Applications (Part 19)
- Interim Remedies & Security for Costs (Part 20)
- Overview of Part 20
- Scope
- Interim Injunctions
- Freezing injunctions and search orders
- Cross-examination of a party subject to a freezing order
- Interim Declarations
- Procedure
- Form of order for an injunction
- Applications made without notice: procedure
- Applications made without notice: principles
- Third parties affected by an order
- Security for Costs
- Content and Form of Order for Security for Costs
- Security for costs of an appeal
- Miscellaneous Rules about Disclosure & Inspection of Documents (Part 21)
- Overview
- Definitions
- Types of order for disclosure in family proceedings
- Orders for disclosure against a person not a party
- Claim to withhold inspection or disclosure of a document
- Resisting disclosure on ground of privilege against self-incrimination
- Resisting disclosure on the ground of that it would contravene foreign law
- Subsequent use of material disclosed under compulsion
- Use of documents improperly obtained by one party from another
- Evidence (Part 22)
- Scope and CPR counterparts
- Power to control evidence
- Written evidence
- Witness statements
- Written evidence from witnesses who do not speak English
- The form of a witness statement
- The presentation and preparation of exhibits
- The witness summary
- Affidavits
- Replies to questionnaires, further chronologies and schedules
- Notice to admit facts
- Hearings other than the final hearing
- Final hearing
- Evidence in chief
- Oral evidence generally
- Credibility
- Failure to call a witness
- Witness training
- Miscellaneous Rules about Evidence (Part 23)
- Witnesses, Depositions Generally and Taking of Evidence of Member States of the European Union (Part 24)
- Overview of Part 24
- Witness summonses
- Witness summons to produce documents
- Issue and service of witness summons
- Setting aside and varying a witness summons
- Bench warrants
- Witnesses within the jurisdiction: depositions
- Witnesses out of the jurisdiction: non-EU cases
- Witnesses out of the jurisdiction: EU cases
- Requests for assistance under the Crime (International Co-operation) Act 2003
- Forms
- Experts & Assessors (Part 25)
- CPR counterpart
- Basic rules
- Before the permission application
- Applying for permission.
- Instructions to the expert
- Power of court to direct a party to provide information
- Expert's right to ask court for directions
- Form and content of expert's report
- Written questions to an expert
- Discussions between experts
- Single joint experts
- Use of an expert's report, and attendance by an expert, at a hearing
- Action after the final hearing
- Protected parties
- Assessors
- Hearings & Direction Appointments (Part 27)
- Outline
- McKenzie friends
- Recusal
- Barring a solicitor from acting
- Requirement to attend all hearings
- Excluding parties from a hearing
- Continuing with a hearing when a party fails to attend
- Setting aside an order following failure to attend
- Late applications for adjournments
- Court bundles and retention of documents
- Authorities and skeleton arguments
- Pre-trial review
- Final hearing
- Allocation of hearings
- Documents retained by the court
- Recording, transcribing and reporting of proceedings
- Hearings in private and access to them by the media and legal bloggers
- Financial remedy appeals in the Court of Appeal
- Anonymity and privacy more generally
- Access to the court file
- Costs (Part 28)
- Implementation of the Jackson Review of Civil Litigation Costs
- Basic rule in financial remedy proceedings
- Application of the CPR regime
- Costs in (some) financial remedy proceedings
- Provisions common to both regimes
- Stay of an award of costs
- Basis of assessment: standard or indemnity
- Costs for and against legally aided parties
- Pro bono and litigant in person
- Costs against a non-party
- Wasted costs orders
- Costs judgment in a currency other than sterling
- Interest on costs awards judgments
- Costs allowance: the LSPO
- Miscellaneous (Part 29)
- Basic Rule
- Personal details (rule 29.1)
- Disclosure of information under the Child Support Act 1991 (rule 29.2)
- Method of giving notice (rule 29.3)
- Withdrawal of applications in proceedings (rule 29.4)
- Human Rights Act 1998 ('the HRA') (rule 29.5)
- Stamping or sealing court documents (rule 29.7)
- Standard requirements concerning judgments and orders (rule 29.10)
- Drawing up and filing of judgments and orders (rule 29.11)
- Access to and inspection of documents retained in court (rule 29.12)
- Service of judgments and orders (rule 29.13)
- Power to require judgment or order to be served on a party as well as the party's solicitor (rule 29.14)
- When judgment or order takes effect (rule 29.15)
- Correction of errors in judgments and orders (rule 29.16)
- Transfer of proceedings (rule 29.17)
- Application for change of area (rule 29.18)
- Allocation of proceedings to another level of judge (rule 29.19)
- Interest on Judgments
- Interest on judgments in a currency other than sterling
- Appeals (Part 30)
- Overview
- Appeals in the Family Court - the framework
- Appeals in the High Court: the framework
- Appeals against allocation decisions
- Permission to appeal: scope
- Clarification of the first instance decision
- Permission to appeal: the test
- Making the application for permission
- Appellant's and respondent's notices and grounds of appeal
- Refusal of permission
- Role of the respondent at the permission stage
- Limited or conditional permission
- Variation and extensions of time and applications for permission to appeal out of time
- Striking out appeal notice and setting aside or imposing conditions on permission to appeal
- Debarring (Hadkinson) orders
- Setting aside permission
- Appeals against case management decisions
- Stay pending appeal
- Hearing in public or private?
- Second appeals and the Court of Appeal?s residual jurisdiction
- Powers of the appeal court
- Appellate test
- 'Wrong' test
- 'Serious irregularity' test
- Appeal hearing: review or rehearing?
- Fresh evidence on appeal
- Appeals against consent orders
- Specific appeals
- Assignment of appeals to the Court of Appeal and reopening of final appeals
- Summary assessment of costs
- Forms
- Registration & Enforcement of Orders (Part 32)
- Summary
- Maintenance Orders Act 1950, Part II
- Registration of English and Welsh maintenance orders
- Registration of Scottish and Northern Irish orders in England
- Maintenance Orders Act 1958, Part I
- New Chapter V: Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments
- Transitional provisions
- Forms
- Enforcement (Part 33)
- Overview
- Enforcement in the Family Court
- Applying to enforce without specifying the method
- Enforcement and N-CDR
- Enforcement of undertakings for the payment of money
- CPR Part 70 (General rules about enforcement of judgments and orders)
- Judgment summons
- Judgment summons: sentence
- Appointment of a receiver
- Other enforcement methods
- Stay of enforcement pending determination of a variation application
- Enforcement against pensions
- Enforcement against overseas assets
- Hadkinson relief
- Forms and orders
- Reciprocal Enforcement of Maintenance Orders (Part 34)
- Overview of Part 34
- Chapter 1: The Maintenance Orders (Facilities for Enforcement) Act 1920 ('the 1920 Act')
- Chapter 2: The Maintenance Orders (Reciprocal Enforcement) Act 1972 ('the 1972 Act')
- Chapter 3: The Civil Jurisdiction and Judgments Act 1982 ('the 1982 Act'), the Judgments Regulation (i.e. the 'Brussels I Regulation'), the EU Maintenance Regulation and the 1988 and 2007 Lugano Conventions
- Tracing Payers Overseas
- Forms
- Mediation Directive (Part 35)
- Transitional arrangements and pilot schemes (Part 36)
- Applications and proceedings in relation to contempt of court (Part 37)
- Overview
- Scope and structure
- Committal powers of the Family Court
- Abuse of process
- Requirement for a penal notice: judgments and orders
- Requirement for a penal notice: undertakings
- Service of the order and undertaking
- Application notice
- Service of application notice
- Representation and legal aid
- Hearing of the application to commit
- Evidence
- Proceeding in the absence of the respondent
- Recusal
- Hearing in open court
- Sentence
- Application for discharge
- Forms and orders
- Attachment of earnings (Part 39)
- Charging orders, stop orders, stop notices (Part 40)