Family Proceedings (Miscellaneous Amendments) Rules 1999

JurisdictionUK Non-devolved
CitationSI 1999/1012

1999 No. 1012 (L. 9)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings (Miscellaneous Amendments) Rules 1999

Made 25th March 1999

Laid before Parliament 30th March 1999

Coming into force 26th April 1999

We, the authority having 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–

These Rules may be cited as the Family Proceedings...
S-1 These Rules may be cited as the Family Proceedings...

1. These Rules may be cited as the Family Proceedings (Miscellaneous Amendments) Rules 1999 and shall come into force on 26th April 1999.

Amendments to the Family Proceedings Rules 1991

Amendments to the Family Proceedings Rules 1991

S-2 The Family Proceedings Rules 1991 shall be amended in...

2. The Family Proceedings Rules 1991 shall be amended in accordance with these rules and a reference to a rule by number alone is a reference to the rule so numbered in the Family Proceedings Rules.

S-3 In rules 1.2(5), 1.3 and 1.4, references to “the County Court...

3.—(1) In rules 1.2(5), 1.3 and 1.4, references to “the County Court Rules 19813and “the Rules of the Supreme Court 1965”4are references to the County Court Rules and the Rules of the Supreme Court in force immediately before 26th April 1999 and references to provisions of those Rules in the Family Proceedings Rules 1991 shall be read accordingly.

(2) In rule 1.3(1), after “shall” insert “continue to”.

Costs in Family Proceedings
S-4 Costs in Family Proceedings

Costs in Family Proceedings

4.—(1) Order 38 of the County Court Rules 1981 and Order 62 of the Rules of the Supreme Court 1965 shall not apply to the assessment of costs in family proceedings and proceedings in the Family Division, and Parts 43, 44 (except rules 44.9 to 44.12), 47 and 48 of the Civil Procedure Rules 19985(“the 1998 Rules”) shall apply to the assessment of costs in those proceedings, with the following modifications:–

(a)

(a) in rule 43.2(1)(c)(ii) of the 1998 Rules, “district judge” includes a district judge of the Principal Registry of the Family Division;

(b)

(b) rule 44.3(2) of the 1998 Rules (costs follow the event) shall not apply.

(2) The Family Proceedings (Costs) Rules 19916are revoked.

(3) This rule applies to any assessment of costs that takes place on or...

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