ANDRZEJ BOJARSKI
FAMILY LAW BARRISTER, ARBITRATOR AND MEDIATOR
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The Winds of Change:  New FPR on Costs and Electronic Working

2/14/2020

1 Comment

 
The Family Procedure (Amendment) Rules 2020 come into force on 6 April 2020.  They contain some important revisions to the FPR which financial remedy lawyers need to be aware of, in particular in relation to communicating with the court, new rules on costs estimates and the making of open proposals (to give greater scope for the courts to make costs orders where parties have failed to make reasonable open proposals) and electronic working :

- a new rule 5.7 makes it clear that any party's communications with the court must be disclosed to and copied to the other parties to the proceedings (unless the communication is 'purely routine, uncontentious and administrative'.

- rule 9.27 (estimates of costs) is replaced from 6 July 2020 by a new rule which requires parties to not only file and serve an estimate of costs incurred up to a particular hearing but also (I) before the first appointment include an estimate of the costs to be incurred to the FDR appointment and (ii) before the FDR appointment include an estimate of the costs to be incurred up to the final hearing if settlement is not reached.  The parties must also file a full statement of costs 14 days before the final hearing.  The court must recite a failure to follow this rule on any order.

- rule 9.27A is also introduced with effect from 6 July 2020 requiring open proposals for settlement 21 days after the FDRA if settlement is not reached. If there is no FDRA then the open proposals must be filed and served not less than 42 days before the final hearing date.

- a new form of rule 27.9 deals with recording and transcripts of proceedings.
​
- an entirely new Part 41 is added to the FPR empowering the court to make Practice Directions in respect of proceedings taking place by 'electronic means', in other words permitting electronic filing, as is now the usual practice in the High Courts Business & Property Courts and the Queens Bench Division.

The winds of change are blowing.....

The full text of the amendments can be downloaded from the link below.
family_procedure_amendment_rules_2020_135__1_.pdf
File Size: 75 kb
File Type: pdf
Download File

1 Comment
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6/6/2020 02:57:41 pm

Take this wind of change as a sign to get better. It is because things change that we need to work on how we can deal with it. If you are always too afraid of change, then you will never be able to go and do something about it. I truly believe that it is important that you try hard to do the things that you love doing. I really do wish for you to work harder to make this a reality.

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    Andrzej Bojarski

    is an experienced family and divorce lawyer with an international profile as an advisor and advocate in the most difficult family cases. He also applies his skills to resolving family disputes by alternative dispute resolution.  Regularly called upon to lecture and write on family law issues around the world, he also provides legal commentary by social media.

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