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Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements

Date:3 DEC 2020
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Family lawyer

I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as receipt on that date and not as the next day on which the court opens as is presently the position.  I have only heard a brief summary of the intended change and not the detail and this note will be updated.  But this is brilliant news and demonstrates appropriate responsiveness awareness and initiative from the court service.  I have been advocating and arguing for this change for several months.

Of course no one should be leaving it until New Year’s Eve particularly New Year’s Eve evening for sending applications to the court.  But emergencies occur and sometimes last-minute instructions are received.  Therefore it is crucial this is available. 

At present FPR PD 5.2 says in terms that where there is online filing after 4:31 PM and at or before 11:59 PM the date of issue of the application will not be until the next day the court is open.  This would change...

Read the full article here.