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Inadequacies of FPR 2010: drafting court documents

Date:1 APR 2014

Her Honour Nasreen Pearce

This article deals with the need for reform of the FPR 2010 by reference to recent decisions in Re LC (Reunite: International Child Abduction Centre Intervening) [2014] UKSC 1, [2014] 2 FLR (forthcoming) and NN v ZZ and Others (Stranded Spouse) [2013] EWHC 2261, [2013] Fam Law 1523 and with the proposed introduction of mandatory ‘standard order'. It warns against changes to practice and procedure and court forms being introduced which: (a) are in direct contradiction to the well researched view that practice and procedure in all jurisdictions and at all levels should be uniform; (b)overlook the difficulties  which would invariably arise when proceedings engage both the civil and family jurisdiction; and (c) fail to have regard to the impact on  those who do not have legal representation  and who often are the most vulnerable in society.

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

 

Read the full article here.