Family Proceedings (Amendment No. 2) Rules 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/3491 |
| Year | 1999 |
1999 No. 3491 (L. 28)
FAMILY PROCEEDINGS (ENGLAND AND WALES)SUPREME COURT OF ENGLAND AND WALESCOUNTY COURTS (ENGLAND AND WALES)
The Family Proceedings (Amendment No. 2) Rules 1999
Made 15th December 1999
Laid before Parliament 14th January 2000
Coming into force 5th June 2000
We, the authority having the power under section 40(1) of the Matrimonial and Family Proceedings Act 19841to make rules of court for the purposes of family proceedings in the High Court and county courts, in the exercise of the powers conferred by section 40 make the following rules—
Citation, commencement and transitional provisions
1.—(1) These rules may be cited as the Family Proceedings (Amendment No. 2) Rules 1999 and shall come into force on 5th June 2000.
(2) The Family Proceedings Rules 19912, as amended by these rules, shall apply to proceedings commenced by Form A or B on or after 5th June 2000.
(3) Where proceedings have been commenced before 5th June 2000:
(a)
(a) the court may, if it considers it just to do so, direct that the Family Proceedings Rules 1991, as amended by these rules, shall apply to those proceedings; otherwise
(b)
(b) the Family Proceedings Rules 1991 shall apply to those proceedings as if these rules had not been made.
Amendment of the Family Proceedings Rules 1991
2. The Family Proceedings Rules 1991 shall be amended in accordance with the provisions of these rules.
3. In the Arrangement of Rules, for the numbers and words from “2.52 Right to be heard on ancillary questions” to “2.68 Application for order under section 37(2)(a) of Act of 1973”, there shall be substituted the following;
“2.51A
Application of ancillary relief rules
2.51B
The overriding objective
2.52
Right to be heard on ancillary questions
2.53
Application by petitioner or respondent for ancillary relief
2.54
Application by parent, guardian etc. for ancillary relief in respect of children
2.57
Children to be separately represented on certain applications
2.59
Evidence on application for property adjustment or avoidance of disposition order
2.60
Service of statement in answer
2.61
Information on application for consent order for financial relief
2.61A
Application for ancillary relief
2.61B
Procedure before the first appointment
2.61C
Expert evidence
2.61D
The first appointment
2.61E
The FDR appointment
2.61F
Costs
2.62
Investigation by district judge of application for ancillary relief
2.64
Order on application for ancillary relief
2.65
Reference of application to judge
2.66
Arrangements for hearing of application etc by judge
2.67
Request for periodical payments order at same rate as order for maintenance pending suit
2.68
Application for order under section 37(2)(a) of Act of 1973
2.69
Offers to settle
2.69A
Interpretation of rules 2.69B to 2.69D
2.69B
Judgment or order more advantageous than an offer made by the other party
2.69C
Judgment or order more advantageous than offers made by both parties
2.69D
Factors for court’s consideration under rules 2.69B and 2.69C
2.69E
Open proposals
2.69F
Application for interim orders
2.70
Pensions
4.—(1) In rule 1.2(4), after “Appendix 1” there shall be inserted “or 1A”.
(2) After rule 1.2(5) there shall be inserted:
“5A In these rules a reference to a Part or rule, if prefixed by the letters “CPR”, is a reference to that Part or rule in the Civil Procedure Rules 19983.”.
5.—(1) In rule 2.45(1) for “Form M12” there shall be substituted “Form B”.
(2) Rule 2.45(2) and (3) shall be omitted.
(3) In rule 2.45(5):
(a)
(a) the words “the proper officer shall fix an appointment for the hearing; and” shall be omitted;
(b)
(b) for “rules 2.62(3) to (7)” there shall be substituted “rules 2.51B to 2.70”; and
(c)
(c) after “application for ancillary relief” there shall be inserted “and, unless the context otherwise requires, those rules shall be read as if all references to Form A were references to Form B”.
6. Before rule 2.52, but after the heading “Ancillary relief,” the following shall be inserted:
“Application of ancillary relief rules
2.51A.—(1) The procedures set out in rules 2.51B to 2.70 (“the ancillary relief rules”) apply to any ancillary relief application and to any application under section 10(2) of the Act of 1973.
(2) In the ancillary relief rules, unless the context otherwise requires:
“applicant” means the party applying for ancillary relief;
“respondent” means the respondent to the application for ancillary relief;
“FDR appointment” means a Financial Dispute Resolution appointment in accordance with rule 2.61E.
The overriding objective
2.51B.—(1) The ancillary relief rules are a procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable—
(a)
(a) ensuring that the parties are on an equal footing;
(b)
(b) saving expense;
(c)
(c) dealing with the case in ways which are proportionate—
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d)
(d) ensuring that it is dealt with expeditiously and fairly; and
(e)
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
(3) The court must seek to give effect to the overriding objective when it—
(a)
(a) exercises any power given to it by the ancillary relief rules; or
(b)
(b) interprets any rule.
(4) The parties are required to help the court to further the overriding objective.
(5) The court must further the overriding objective by actively managing cases.
(6) Active case management includes—
(a)
(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b)
(b) encouraging the parties to settle their disputes through mediation, where appropriate;
(c)
(c) identifying the issues at an early date;
(d)
(d) regulating the extent of disclosure of documents and expert evidence so that they are proportionate to the issues in question;
(e)
(e) helping the parties to settle the whole or part of the case;
(f)
(f) fixing timetables or otherwise controlling the progress of the case;
(g)
(g) making use of technology; and
(h)
(h) giving directions to ensure that the trial of a case proceeds quickly and efficiently.”.
7. In rule 2.53 and 2.54(1), for “Form M11”, wherever it occurs, there shall be substituted “Form A”.
Rules 2.55, 2.56 and 2.58 shall be omitted.
8. Rules 2.55, 2.56 and 2.58 shall be omitted.
9.—(1) Rule 2.59(1) shall be omitted.
(2) In rule 2.59(2) for “Form M11 or M13” there shall be substituted “Form A”.
(3) In rule 2.59(3) for the words from “A copy” to “supporting affidavit” there shall be substituted “Copies of Form A and of Form E completed by the applicant”.
(4) In rule 2.59(4):
(a)
(a) for “Form M11 or M13 as the case may be” there shall be substituted “Form A”.
(b)
(b) for “affidavit” there shall be substituted “Form E”.
(5) In rule 2.59(5):
(a)
(a) for “an affidavit” in sub-paragraph (a) there shall be substituted “copies of Forms A and E”;
(b)
(b) for “an affidavit” in sub-paragraph (b) there shall be substituted “a copy of Form E”; and
(c)
(c) for “file an affidavit” there shall be substituted “file a statement”.
(6) At the end of rule 2.59(5), there shall be inserted the following:
“6 A statement filed under paragraph (5) shall be sworn to be true.”.
10. For rule 2.60 there shall be substituted:
“Service of statement in answer
2.60.—(1) Where a form or other document filed with the court contains an allegation of adultery or of an improper association with a named person (“the named person”), the court may direct that the party who filed the relevant form or document serve a copy of all or part of that form or document on the named person, together with Form F.
(2) If the court makes a direction under paragraph (1), the named person may file a statement in answer to the allegations.
(3) A statement under paragraph (2) shall be sworn to be true.
(4) Rule 2.37(3) shall apply to a person served under paragraph (1) as it applies to a co-respondent.”.
11. After rule 2.61 there shall be inserted:
“Application for ancillary relief
2.61A.—(1) A notice of intention to proceed with an application for ancillary relief made in the petition or answer or an application for ancillary relief must be made by notice in Form A.
(2) The notice must be filed:
(a)
(a) if the case is pending in a divorce county court, in that court; or
(b)
(b) if the case is pending in the High Court, in the registry in which it is proceeding.
(3) Where the applicant requests an order for ancillary relief that includes provision to be made by virtue of section 25B or 25C of the Act of 19734the terms of the order requested must be specified in the notice in Form A.
(4) Upon the filing of Form A the court must:
(a)
(a) fix a first appointment not less than 12 weeks and not more than 16 weeks after the date of the filing of the notice and give notice of that date;
(b)
(b) serve a copy on the...
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