May 2011 #106 – Law Journals

ADR: New options

David Hodson and Denise Carter set out the new ADR provisions in the FPR 2010 and consider their likely impact ‘Practitioners must be alive to the real likelihood that at any hearing the judge will enquire whether mediation or other ADR has been attempted and, if not, the real likelihood that the case will be …

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Divorce And Civil Partnership: Modern language

Hannah Budd and David Hodson highlight the provisions of the FPR 2010 in relation to divorce and civil partnership dissolution ‘There was an anticipated modernisation of terminology, but the overall perception from the new rules, coupled with the new forms, is that this has been a missed opportunity.’The provisions relating to divorce and civil partnerships …

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Children: Business as usual?

Nicola Criscione looks at the impact of the FPR 2010 on procedure in children proceedings ‘Rule 12.3 FPR 2010 sets out who the parties to each type of proceedings are and contains a very user-friendly table showing every different type of proceedings, and who may make the application and who the respondents to that application …

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Financial Provision: Changing times

Lucy Loizou and David Hodson examine the new rules regarding financial disputes and the transitional arrangements under the FPR 2010 ‘The aim of the pre-action protocol is to assist the parties in resolving their differences quickly and fairly, or at least narrow the issues, and, should that not be possible, to assist the court to …

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Appeals: An appealing consolidation?

Ellie Foster reflects on the harmonisation of the rules relating to appeals and potential pitfalls under the FPR 2010 ‘The general principle of the FPR 2010, certainly as far as appeals are concerned, is to harmonise the new rules with the CPR 1998 and to provide for one appeal only, although exceptionally there may be …

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Costs: Costs consequences

Vanessa Mitchell and James Copson discuss the changes introduced by the costs provisions in the FPR 2010 ‘If one of the intentions of the new rules is to produce a simpler structure for the administration of family justice, then sadly the costs rules have been overlooked and remain fiendishly complicated.’To what extent can the family …

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