Deputy High Court judge and Recorder

Contributions by Deputy High Court judge and Recorder Experts

100

Appeals to the Court of Appeal or the Supreme Court
Appeals to the Court of Appeal or the Supreme Court
Practice notes

This Practice Note sets out the requirements in family proceedings when appealing to the Court of Appeal or to the Supreme Court, including provisions in relation to permission, bundles, second appeals and costs. It details the applicable provisions in the Civil Procedure Rules 1998 and reflects the changes to appeals to the Supreme Court that came into effect on 2 December 2024.

Appeals—general principles, practice and procedure
Appeals—general principles, practice and procedure
Practice notes

This Practice Note details the general principles and procedure to be applied in relation to appeals in family proceedings and wider issues including applications within appeals, the reopening of final appeals, powers of strike out and costs. It details key provisions of Part 30 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 30A as well as applicable provisions in the Civil Procedure Rules 1998.

Applications for permission to appeal in the Family Court
Applications for permission to appeal in the Family Court
Practice notes

This Practice Note sets out the circumstances in which there is a requirement for permission (leave) to appeal an order made in family proceedings together with guidance on appeal notices, documents required, filing and service, and reflects the changes to appeals that came into effect on 3 October 2016.

Applications to set aside past dealings—MCA 1973, s 37
Applications to set aside past dealings—MCA 1973, s 37
Practice notes

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (or the Civil Partnership Act 2004 equivalent) to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.

Assessment of costs
Assessment of costs
Practice notes

This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates.

Attachment of earnings order
Attachment of earnings order
Practice notes

This Practice Note sets out the requirements and procedure in relation to enforcement of a maintenance order made in the Family Court or the High Court by way of an attachment of earnings order. It details the provisions of the Attachment of Earnings Act 1971 and Part 39 of the Family Procedure Rules 2010 (FPR 2010) as to debts capable of enforcement and the applicable procedure, including who can apply, where the application should be issued, and variation, lapse and discharge of the order. It also looks at the consequences of failure to comply with an order and the cost implications of an order being made.

Brexit—children proceedings
Brexit—children proceedings
Practice notes

This Practice Note provides guidance on the implications of Brexit in relation to children proceedings, including private children, public children and child abduction proceedings and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after the implementation period (IP) completion day (31 December 2020).

Brexit—financial remedies
Brexit—financial remedies
Practice notes

This Practice Note sets out the jurisdictional implications in relation to financial remedy family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

Brexit—jurisdiction and family proceedings
Brexit—jurisdiction and family proceedings
Practice notes

This Practice Note sets out the jurisdictional implications in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (11 pm 31 December 2020).

Brexit—recognition and enforcement in family proceedings
Brexit—recognition and enforcement in family proceedings
Practice notes

This Practice Note sets out the implications as to recognition and enforcement in relation to family proceedings as a result of Brexit and considers the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (31 December 2020).

Brexit—service of documents in family proceedings
Brexit—service of documents in family proceedings
Practice notes

This Practice Note considers the impact of the UK exiting the EU (commonly known as Brexit) on the service of court documents in family proceedings within the EU. It considers the position under Regulation (EC) 1393/2007 (the Service Regulation) and the position both during the transition/implementation period (31 January 2020 to 31 December 2020) and after implementation period (IP) completion day (11pm on 31 December 2020).

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