Emergency Remedies scope and how to
Scope of the Work and How to Use it
Aim of the work
Experienced practitioners often guide a less experienced assistant or colleague by giving him or her a precedent to adapt and explaining the sequence of steps which need to be taken. When the practice and procedure is overhauled as under the FPR 2010 even the experienced need a helping hand. This publication aims to offer illustrative, fictional, precedents and procedural guides to demonstrate how to launch emergency applications under the new rules and practice directions using the appropriate prescribed forms and bring them to a satisfactory result, seeking remedies that are appropriate for the needs of the client. Further, the precedents, procedural guides and narrative explanations of law and practice give easy access to a practitioner, a judge or a magistrates’ clerk who needs quickly to check whether an application is proceeding in the right direction.
Structure of the illustrative precedents and procedural guidesEach set of precedents begins with a Key Page, which summarises the principal characteristics of an application and acts as an index to the set of precedents and the supporting narrative text. The procedural guide that follows summarises the sequence of steps to be taken, with references to the rules of court that apply.
Narrative texts of law and practice
The authors have sought to balance the need by practitioners for a book that affords explanation of most situations that are likely to arise in an emergency.
Throughout this publication, the gender used reflects the situation that occurs most commonly in practice. Unless the contrary appears, references to either the female or male gender are interchangeable.
The looseleaf arrangement of Emergency Remedies in the Family Courts enables the book to be kept regularly up to date by the removal and insertion of updating pages. These are supplied at least twice per year in the form of Updates. Each Update is accompanied by filing instructions, which should be followed carefully to ensure that your book is fully and correctly updated. At the end of the binder you will find a Filing Record, which should be completed each time an Update has been filed. A Checklist of Pages is sent with each Update, which should be used to check that your copy of Emergency Remedies in the Family Courts is complete and has been correctly updated. The Checklist should then be filed at the back of the binder.
Arrangement of the work
The material is divided into 11 Divisions, each separated by plastic divider cards, as follows:
Gen General introduction on procedure
A Applications under the Children Act 1989
B Wardship and the inherent jurisdiction
D Child abduction: registration and enforcement
E Personal protection and occupation of the family home
F Protection of family property
G Restriction of publicity
H Protection of the mentally and physically infirm
I Appeals including stay of execution, bail and judicial review
J Civil partnership
K Emergency contact details.
The applications that are dealt with in each Division are listed in full both in the main contents to the work and at the start of each Division.
Paragraph numberingThe text is divided into numbered paragraphs. Cross-references to material in other Divisions are to paragraph numbers in those Divisions. For example, a reference to A[23.16] directs the reader to paragraph [23.16] in Division A. Where no letter appears, the reference is to a paragraph within the same Division.
Tables and index
The work contains tables of cases, statutes and statutory instruments. These are located behind the plastic divider card marked Tables.
A comprehensive index is included to facilitate easy access to the material in the book. This is to be found at the end of the binder.
Civil Procedure Rules 1998
The Civil Procedure Rules 1998 (CPR) were introduced on 26 April 1999. All civil proceedings are subject to these rules. ‘Family proceedings’, as defined by the rules (see below), are exempt from the CPR (CPR, r 2.1(2)) with the following exceptions:
(1) Costs rules under CPR Parts 43, 44, 47 and 48 apply to all family proceedings.
(2) CPR Part 52 (appeals to the Court of Appeal) applies to all family proceedings from 2 May 2000.
Rules in family proceedingsSubject to these exceptions, family proceedings are now covered by the FPR 2010 and the Practice Directions, which together provide a single procedural code, which applies to all levels of courts.
The Rules of the Supreme Court 1965 (RSC) (High Court) and the County Court Rules 1981 (CCR) (county courts), apply to family proceedings where they are specifically provided for in the FPR 2010 and where they are not inconsistent with the new rules.
Thus, for example, committal in the county court will still be covered by CCR Ord 29.
‘Family proceedings’: a definition(1) Narrow definition
‘Family business’ is defined in the Matrimonial and Family Proceedings Act 1984, s 32 as ‘business of any description which in the High Court is for the time being assigned to the Family Division and to no other Division by or under section 61 of (and Schedule 1 to) the Senior Courts] Act 1981’ and family proceedings is defined as ‘proceedings which are family business’.
Senior Courts Act 1981, Sch 1 provides a narrow list of family proceedings, including matrimonial causes and various children proceedings.
(2) A wider definition
The table sets out the range of process, which come within the scope of the FPR 2010 and indicates those proceedings covered by the CPR and outside the narrow scope of the term ‘family proceedings’ as defined above.
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