The Family Procedure Rules 2010 have been amended to allow complex family cases to be heard by a Divisional Court, meaning a court comprised of two or more High Court judges from different divisions. Consequently it may now be possible for a complex divorce cases which involves difficult issues of trusts law or company law to be heard by a Divisional Court comprised of a Family Division judge and Chancery Division judge. Similarly, complex care proceedings which involve difficult issues of medical law could be heard by a Family Division judge sitting with a Queen's Bench Division judge who has experience of complex medical evidence in personal injury cases.
In fact, in suitable cases it may be possible to constitute a Divisional Court with a family judge and a Deputy High Court judge (i.e. a barrister or solicitor appointed to sit as a part-time High Court judge under s.9 of the Senior Courts Act) who is an expert in the particular area of law arising in the case.
It will be interesting to see when this power is first used.
In fact, in suitable cases it may be possible to constitute a Divisional Court with a family judge and a Deputy High Court judge (i.e. a barrister or solicitor appointed to sit as a part-time High Court judge under s.9 of the Senior Courts Act) who is an expert in the particular area of law arising in the case.
It will be interesting to see when this power is first used.
| april_2018_fpr_amendment.pdf |
| fpr_2018_amendments.pdf |
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