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Kara Swift
Kara Swift
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Case management and the family court: Part 1: case management defined

Date:7 MAR 2014

David Burrows, Solicitor Advocate

Case management is central to affordable justice. Already Family Procedure Rules 2010 Part 1 and 4 (alongside Civil Procedure Rules 1998 Part 1 and 3) give the case management judge powers to deal with cases proportionately. The overriding objective in FPR 2010, r 1.1 dictates fairness (and echoes European Convention 1950 Art 6(1) (right to a fair trial)); and it is backed by duties in the court to manage cases, and in the parties to help and support the court.

This article is the first in a short series, written as the family court (expected to commence on 22 April) prepares to become an administrative reality. The series will look at a variety of case management issues. In this first article it considers in particular adding (formerly ‘joinder of') parties and provides a precedent for an appropriate case management direction.

A variety of amendment rules are expected in March. The series will ensure, consistent with publishing schedules, that all amendment rules are cited (where appropriate).

The full version of this article appears in the March 2014 issue of Family Law.