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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-03-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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to prepare a report on matters relating to the welfare of the child, and, in this rule, the person preparing the report is called “the officer”.

(2) It is the duty of the officer to—

(a) comply with any request for a report under this rule; and

(b) provide the court with such other assistance as it may require.

(3) A report to the court under this rule is confidential.

(4) The officer, when carrying out duties in relation to proceedings under the 1989 Act, must have regard to the principle set out in section 1(2) and the matters set out in section 1(3)(a) to (f) of that Act as if for the word “court” in that section there were substituted the words “children and family reporter” or “welfare officer” as the case may be.

(5) A party may question the officer about oral or written advice tendered by that officer to the court.

(6) The court officer will notify the officer of a direction given at a hearing at which—

(a) the officer is not present; and

(b) the welfare report is considered.

(7) The officer's duties must be exercised in accordance with Practice Direction 16A (“children and family reporter” and “welfare officer” are defined in rule 2.3)

CHAPTER 11 — PARENTAL ORDER REPORTER

When the court appoints a parental order reporter

16

In proceedings to which Part 13 applies, the court will appoint a parental order reporter in accordance with rule 13.5.

Powers and duties of the parental order reporter

16

(1) The parental order reporter is to act on behalf of the child upon the hearing of any application in proceedings to which Part 13 applies with the duty of safeguarding the interests of the child.

(2) The parental order reporter must—

(a) investigate in the case of a parental order under—

(i) section 54(1) of the 2008 Act, the matters set out in section 54(1) to (8) of that Act;

(ii) section 54A(1) of the 2008 Act, the matters set out in section 54A(1) to (7) of that Act;

(b) so far as the parental order reporter considers necessary, investigate any matter contained in the application form or other matter which appears relevant to the making of the parental order; and

(c) advise the court on whether there is any reason under section 1 of the 2002 Act (as applied with modifications by the Human Fertilisation and Embryology (Parental Orders) Regulations 2010) to refuse the parental order.

(3) The parental order reporter must also provide the court with such other assistance as it may require.

(4) The parental order reporter's duties must be exercised in accordance with Practice Direction 16A.

(5) A report to the court by the parental order reporter is confidential.

CHAPTER 12 — SUPPLEMENTARY APPOINTMENT PROVISIONS

Persons who may not be appointed as children's guardian, reporting officer or children and family reporter

16

(1) In specified proceedings (except where paragraph (2) applies), adoption proceedings or proceedings for a section 84 order or a section 89 order, no person may be appointed as a children's guardian, reporting officer or children and family reporter who—

(a) is a member, officer or servant of a local authority which is a party to the proceedings;

(b) is, or has been, a member, officer or servant of a local authority or voluntary organisation who has been directly concerned in that capacity in arrangements relating to the care, accommodation or welfare of the child during the 5 years prior to the start of the proceedings; or

(c) is a serving probation officer who has, in that capacity, been previously concerned with the child or the child's family.

(2) In placement proceedings, a person described in paragraph (1)(b) or (c) may not be appointed as a children's guardian, reporting officer or children and family reporter.

Appointment of the same person as children's guardian, reporting officer and children and family reporter

16

The same person may be appointed to act as one or more of the following—

(a) the children's guardian;

(b) the reporting officer; and

CHAPTER 13 — OFFICERS OF THE SERVICE, WELSH FAMILY PROCEEDINGS OFFICERS AND LOCAL AUTHORITY OFFICERS: FURTHER DUTIES

Officers of the Service, Welsh family proceedings officers and local authority officers acting under certain duties

16

(1) This rule applies when—

(a) an officer of the Service or a Welsh family proceedings officer is acting under a duty in accordance with—

(i) section 11E(7) of the 1989 Act (providing the court with information as to the making of an activity direction or an activity condition);

(ii) section 11G(2) of the 1989 Act (monitoring compliance with an activity direction or an activity condition);

(iii) section 11H(2) of the 1989 Act (monitoring compliance with a child arrangements order);

(iv) section 11L(5) of the 1989 Act (providing the court with information as to the making of an enforcement order);

(v) section 11M(1) of the 1989 Act (monitoring compliance with an enforcement order);

(vi) section 16(6) of the 1989 Act (providing a report to the court in accordance with a direction in a family assistance order); and

(vii) section 16A of the 1989 Act (making a risk assessment); and

(b) a local authority officer is acting under a duty in accordance with section 16(6) of the 1989 Act (providing a report to the court in accordance with a direction in a family assistance order).

(2) In this rule,—

(a) “... activity direction”, “... activity condition” and “enforcement order” have the meanings given in rule 12.2; and

(b) references to “the officer” are to the officer of the Service, Welsh family proceedings officer or local authority officer referred to in paragraph (1).

(3) In exercising the duties referred to in paragraph (1), the officer must have regard to the principle set out in section 1(2) of the 1989 Act and the matters set out in section 1(3)(a) to (f) of the 1989 Act as if for the word “court” in that section there were substituted the words “officer of the Service, Welsh family proceedings officer or local authority officer”.

(4) The officer's duties referred to in paragraph (1) must be exercised in accordance with Practice Direction 16A.

CHAPTER 14 — ENFORCEMENT ORDERS AND FINANCIAL COMPENSATION ORDERS: PERSONS NOTIFIED

Application for enforcement orders and financial compensation orders: duties of the person notified

16

(1) This rule applies where a person who was the child's children's guardian, litigation friend or legal representative in the proceedings in which a child arrangements order was made has been notified of an application for an enforcement order or for a financial compensation order as required by Practice Direction 12C.

(2) The person who has been notified of the application must—

(a) consider whether it is in the best interests of the child for the child to be made a party to the proceedings for an enforcement order or a financial compensation order (as applicable); and

(b) before the date fixed for the first hearing in the case notify the court, orally or in writing, of the opinion reached on the question, together with the reasons for this opinion.

(3) In this rule, “enforcement order” and “financial compensation order” have the meanings given in rule 12.2.

PART 17 — STATEMENTS OF TRUTH

Interpretation

17

(1) In this Part “statement of case” has the meaning given to it in Part 4 except that a statement of case does not include—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this rule, “Financial Circumstances Form” has the meaning given to it in rule 9.3(1).

(Rule 4.1 defines “statement of case” for the purposes of Part 4.)

Documents to be verified by a statement of truth

17

(1) Subject to paragraph (9), the following documents must be verified by a statement of truth—

(a) a statement of case;

(b) a witness statement;

(d) a certificate of service;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a statement of information filed under rule 9.26(1)(b); and

(g) any other document where a court order, rule or practice direction requires it.

(2) Where a statement of case is amended, the amendments must be verified by a statement of truth unless the court orders otherwise.

(3) Subject to paragraph (10), if an applicant wishes to rely on matters set out in the application form or application notice as evidence, the application form or notice must be verified by a statement of truth.

(4) Subject to paragraph (5), a statement of truth is a statement that—

(a) the party putting forward the document;

(b) in the case of a witness statement, the maker of the witness statement; or

believes the facts stated in the document are true.

(5) If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a) a statement of case; or

(b) an application notice,

is a statement that the litigation friend believes the facts stated in the document being verified are true.

(6) The statement of truth must be signed by—

(a) in the case of a statement of case—

(i) the party or litigation friend; or

(ii) the legal representative on behalf of the party or litigation friend; and

(b) in the case of a witness statement ..., the maker of the statement.

(7) A statement of truth, which is not contained in the document which it verifies, must clearly identify that document.

(8) A statement of truth in a statement of case may be made by—

(a) a person who is not a party; or

(b) by two parties jointly,

where this is permitted by a practice direction.

(9) An application that does not contain a statement of facts need not be verified by a statement of truth. (Practice Direction 17A sets out the form of statement of truth.)

(10) Notwithstanding paragraph (3), and subject to any direction given under rule 9.14(2A) or rule 9.19(2A), the court may permit a party to rely upon matters set out in an application form which has not been verified by a statement of truth as evidence where the application has been made under—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Article 10 of the 2007 Hague Convention on an Article 11 form.

Failure to verify a statement of case

17

(1) If a party fails to verify that party's statement of case by a statement of truth—

(a) the statement of case shall remain effective unless struck out; but

(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.

(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

(3) Any party may apply for an order under paragraph (2).

Failure to verify a witness statement

17

If the maker of a witness statement fails to verify the witness statement by a statement of truth, the court may direct that it shall not be admissible as evidence.

Power of the court to require a document to be verified

17

(1) The court may order a person who has failed to verify a document in accordance with rule 17.2 to verify the document.

(2) Any party may apply for an order under paragraph (1).

False statements

17

(1) Proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(a) by the Attorney General; or

(b) with the permission of the court.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 18 — PROCEDURE FOR OTHER APPLICATIONS IN PROCEEDINGS

Types of application for which Part 18 procedure may be followed

18

(1) The Part 18 procedure is the procedure set out in this Part.

(2) An applicant may use the Part 18 procedure if the application is made—

(a) in the course of existing proceedings;

(b) to start proceedings except where some other Part of these rules prescribes the procedure to start proceedings; or

(3) Paragraph (2) does not apply—

(a) to applications where any other rule in any other Part of these rules sets out the procedure for that type of application;

(b) if a practice direction provides that the Part 18 procedure may not be used in relation to the type of application in question.

(4) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

Applications for permission to start proceedings

18

An application for permission to start proceedings must be made to the court where the proceedings will be started if permission is granted.

(Rule 5.4 makes general provision in relation to the court in which proceedings should be started.)

Respondents to applications under this Part

18

(1) The following persons are to be respondents to an application under this Part—

(a) where there are existing proceedings or the proceedings have been concluded—

(i) the parties to those proceedings; and

(ii) if the proceedings are proceedings under Part 11, the person who is the subject of those proceedings;

(b) where there are no existing proceedings—

(i) if notice has been given under section 44 of the 2002 Act (notice of intention to adopt or apply for an order under section 84 of that Act), the local authority to whom notice has been given; and

(ii) if an application is made for permission to apply for an order in proceedings, any person who will be a party to the proceedings brought if permission is granted; and

Application notice to be filed

18

(1) Subject to paragraph (2), the applicant must file an application notice.

(2) An applicant may make an application without filing an application notice if—

(a) this is permitted by a rule or practice direction; or

(b) the court dispenses with the requirement for an application notice.

Notice of an application

18

(1) Subject to paragraph (2), a copy of the application notice must be served on—

(a) each respondent;

(b) in relation to proceedings under Part 11, the person who is, or, in the case of an application to start proceedings, it is intended will be, the subject of the proceedings; and

(2) An application may be made without serving a copy of the application notice if this is permitted by—

(a) a rule;

(b) a practice direction; or

(Rule 18.8 deals with service of a copy of the application notice.)

Time when an application is made

18

When an application must be made within a specified time, it is so made if the court receives the application notice within that time.

What an application notice must include

18

(1) An application notice must state—

(a) what order the applicant is seeking; and

(b) briefly, why the applicant is seeking the order.

(2) A draft of the order sought must be attached to the application notice. (Part 17 requires an application notice to be verified by a statement of truth if the applicant wishes to rely on matters set out in his application as evidence.)

Service of a copy of an application notice

18

(1) Subject to rule 2.4, a copy of the application notice must be served in accordance with the provisions of Part 6—

(a) as soon as practicable after it is filed; and

(b) in any event—

(i) where the application is for an ... order under rule 9.7 at least 14 days; and

(ii) in any other case, at least 7 days;

before the court is to deal with the application.

(2) The applicant must, when filing the application notice, file a copy of any written evidence in support.

(3) If a copy of an application notice is served by a court officer it must be accompanied by—

(a) a notice of the date and place where the application will be heard;

(b) a copy of any witness statement in support; and

(4) If—

(a) an application notice is served; but

(b) the period of notice is shorter than the period required by these rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

(5) This rule does not require written evidence—

(a) to be filed if it has already been filed; or

(b) to be served on a party on whom it has already been served.

Applications which may be dealt with without a hearing

18

(1) The court may deal with an application without a hearing if—

(a) the court does not consider that a hearing would be appropriate; or

(b) the parties agree as to the terms of the order sought or the parties agree that the court should dispose of the application without a hearing and the court does not consider that a hearing would be appropriate.

(2) Where—

(a) an application is made for permission to make an application in proceedings under the 1989 Act; and

(b) the court refuses the application without a hearing in accordance with paragraph (1)(a),

the court must, at the request of the applicant, re-list the application and fix a date for a hearing.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of application notice following court order where application made without notice

18

(1) This rule applies where the court has disposed of an application which it permitted to be made without service of a copy of the application notice.

(2) Where the court makes an order, whether granting or dismissing the application, a copy of the application notice and any evidence in support must unless the court orders otherwise, be served with the order on—

(a) all the parties in proceedings; and

(b) in relation to proceedings under Part 11, the person who is, or, in the case of an application to start proceedings, it is intended will be, the subject of the proceedings.

(3) The order must contain a statement of the right to make an application to set aside(GL) or vary the order under rule 18.11.

Application to set aside or vary order made without notice

18

(1) A person who was not served with a copy of the application notice before an order was made under rule 18.10 may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days beginning with the date on which the order was served on the person making the application.

Power of the court to proceed in the absence of a party

18

(1) Where the applicant or any respondent fails to attend the hearing of an application, the court may proceed in the absence of that person.

(2) Where—

(a) the applicant or any respondent fails to attend the hearing of an application; and

(b) the court makes an order at the hearing,

the court may, on application or of its own initiative, re-list the application.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal of totally without merit applications

18

If the ... court dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court's order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

PART 19 — ALTERNATIVE PROCEDURE FOR APPLICATIONS

Types of application for which Part 19 procedure may be followed

19

(1) The Part 19 procedure is the procedure set out in this Part.

(2) An applicant may use the Part 19 procedure where the Part 18 procedure does not apply and—

(a) there is no form prescribed by a rule or referred to in Practice Direction 5A in which to make the application;

(b) the applicant seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact; or

(2A) This Part is subject to any provision made by or pursuant to Part 41 (proceeding by electronic means).

(3) The court may at any stage direct that the application is to continue as if the applicant had not used the Part 19 procedure and, if it does so, the court may give any directions it considers appropriate.

(4) Paragraph (2) does not apply if a practice direction provides that the Part 19 procedure may not be used in relation to the type of application in question.

(5) A rule or practice direction may, in relation to a specified type of proceedings—

(a) require or permit the use of the Part 19 procedure; and

(b) disapply or modify any of the rules set out in this Part as they apply to those proceedings.

Applications for which the Part 19 procedure must be followed

19

(1) The Part 19 procedure must be used in an application made in accordance with—

(a) section 60(3) of the 2002 Act (order to prevent disclosure of information to an adopted person);

(b) section 79(4) of the 2002 Act (order for Registrar General to give any information referred to in section 79(3) of the 2002 Act); and

(2) The respondent to an application made in accordance with paragraph (1)(b) is the Registrar General.

Contents of the application

19

Where the applicant uses the Part 19 procedure, the application must state—

(a) that this Part applies;

(b) either—

(i) the question which the applicant wants the court to decide; or

(ii) the order which the applicant is seeking and the legal basis of the application for that order;

(d) if the applicant is applying in a representative capacity, what that capacity is; and

(e) if the respondent appears or is to appear in a representative capacity, what that capacity is.

(Part 17 requires a statement of case to be verified by a statement of truth.)

Issue of application without naming respondents

19

(1) A practice direction may set out circumstances in which an application may be issued under this Part without naming a respondent.

(2) The practice direction may set out those cases in which an application for permission must be made by application notice before the application is issued.

(3) The application for permission—

(a) need not be served on any other person; and

(b) must be accompanied by a copy of the application which the applicant proposes to issue.

(4) Where the court gives permission, it will give directions about the future management of the application.

Acknowledgment of service

19

(1) Subject to paragraph(2), each respondent must—

(a) file an acknowledgment of service within 14 days beginning with the date on which the application is served; and

(b) serve the acknowledgment of service on the applicant and any other party.

(2) If the application is to be served out of the jurisdiction, the respondent must file and serve an acknowledgment of service within the period set out in Practice Direction 6B.

(3) The acknowledgment of service must—

(a) state whether the respondent contests the application;

(b) state, if the respondent seeks a different order from that set out in the application, what that order is; and

Consequence of not filing an acknowledgment of service

19

(1) This rule applies where—

(a) the respondent has failed to file an acknowledgment of service; and

(b) the time period for doing so has expired.

(2) The respondent may attend the hearing of the application but may not take part in the hearing unless the court gives permission.

Filing and serving written evidence

19

(1) The applicant must, when filing the application, file the written evidence on which the applicant intends to rely.

(2) The applicant's evidence must be served on the respondent with the application.

(3) A respondent who wishes to rely on written evidence must file it when filing the acknowledgment of service.

(4) A respondent who files written evidence must also, at the same time, serve a copy of that evidence on the other parties.

(5) Within 14 days beginning with the date on which a respondent's evidence was served on the applicant, the applicant may file further written evidence in reply.

(6) An applicant who files further written evidence must also, within the same time limit, serve a copy of that evidence on the other parties.

Evidence – general

19

(1) No written evidence may be relied on at the hearing of the application unless—

(a) it has been served in accordance with rule19.7; or

(b) the court gives permission.

(2) The court may require or permit a party to give oral evidence at the hearing.

(3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence. (Rule 22.1 contains a general power for the court to control evidence.)

Procedure where respondent objects to use of the Part 19 procedure

19

(1) A respondent who contends that the Part 19 procedure should not be used because—

(a) there is a substantial dispute of fact; and

(b) the use of the Part 19 procedure is not required or permitted by a rule or practice direction,

must state the reasons for that contention when filing the acknowledgment of service.

(2) When the court receives the acknowledgment of service and any written evidence, it will give directions as to the future management of the case. (Rule 19.7 requires a respondent who wishes to rely on written evidence to file it when filing the acknowledgment of service.) (Rule 19.1(3) allows the court to make an order that the application continue as if the applicant had not used the Part 19 procedure.)

PART 20 — INTERIM REMEDIES AND SECURITY FOR COSTS

CHAPTER 1 — INTERIM REMEDIES

Scope of this Part

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders for interim remedies

20

(1) The court may grant the following interim remedies—

(a) an interim injunction(GL);

(b) an interim declaration;

(i) for the detention, custody or preservation of relevant property;

(ii) for the inspection of relevant property;

(iii) for the taking of a sample of relevant property;

(iv) for the carrying out of an experiment on or with relevant property;

(v) for the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly; and

(vi) for the payment of income from relevant property until an application is decided;

(d) an order authorising a person to enter any land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (c);

(e) an order under section 4 of the Torts (Interference with Goods) Act 1977 to deliver up goods;

(f) an order (referred to as a ‘freezing injunction(GL)’)—

(i) restraining a party from removing from the jurisdiction assets located there; or

(ii) restraining a party from dealing with any assets whether located within the jurisdiction or not;

(g) an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing injunction(GL);

(h) an order (referred to as a “search order”) under section 7 of the Civil Procedure Act 1997 (order requiring a party to admit another party to premises for the purpose of preserving evidence etc.);

(i) an order under section 34 of the Senior Courts Act 1981 or section 53 of the County Courts Act 1984 (order in certain proceedings for disclosure of documents or inspection of property against a non-party);

(j) an order for a specified fund to be paid into court or otherwise secured, where there is a dispute over a party's right to the fund;

(k) an order permitting a party seeking to recover personal property to pay money into court pending the outcome of the proceedings and directing that, if money is paid into court, the property must be given up to that party;

(l) an order directing a party to prepare and file accounts relating to the dispute;

(m) an order directing any account to be taken or inquiry to be made by the court.

(2) In paragraph (1)(c) and(g), ‘relevant property’ means property (including land) which is the subject of an application or as to which any question may arise on an application.

(3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the court may have to grant that remedy.

Time when an order for an interim remedy may be made

20

(1) An order for an interim remedy may be made at any time, including—

(a) before proceedings are started; and

(b) after judgment has been given.

(Rule 5.3 provides that proceedings are started when the court issues an application form.)

(2) However—

(a) paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise; and

(b) the court may grant an interim remedy before an application has been started only if—

(i) the matter is urgent; or

(ii) it is otherwise desirable to do so in the interests of justice.

(3) Where the court grants an interim remedy before an application has been started, it will give directions requiring an application to be started.

(4) The court need not direct that an application be started where the application is made under section 33 of the Senior Courts Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before starting an application).

How to apply for an interim remedy

20

(1) The court may grant an interim remedy on an application made without notice if it appears to the court that there are good reasons for not giving notice.

(2) An application for an interim remedy must be supported by evidence, unless the court orders otherwise.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given. (Part 4 lists general case-management powers of the court.) (Part 18 contains general rules about making an application.)

Interim injunction to cease if application is stayed

20

If—

(a) the court has granted an interim injunction(GL) other than a freezing injunction(GL); and

(b) the application is stayed(GL) other than by agreement between the parties,

the interim injunction(GL) will be set aside(GL) unless the court orders that it should continue to have effect even though the application is stayed(GL).

CHAPTER 2 — SECURITY FOR COSTS

Security for costs

20

(1) A respondent to any application may apply under this Chapter of this Part for security for costs of the proceedings. (Part 4 provides for the court to order payment of sums into court in other circumstances.)

(2) An application for security for costs must be supported by written evidence.

(3) Where the court makes an order for security for costs, it will—

(a) determine the amount of security; and

(b) direct—

(i) the manner in which; and

(ii) the time within which,

the security must be given.

Conditions to be satisfied

20

(1) The court may make an order for security for costs under rule 20.6 if—

(a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b) either—

(i) one or more of the conditions in paragraph (2) applies; or

(ii) an enactment permits the court to require security for costs.

(2) The conditions are—

(a) the applicant is—

(i) resident out of the jurisdiction; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the applicant has changed address since the application was started with a view to evading the consequences of the litigation;

(d) the applicant has taken steps in relation to the applicant's assets that would make it difficult to enforce an order for costs against the applicant.

(3) The court may not make an order for security for costs under rule 20.6 in relation to the costs of proceedings under the 1980 Hague Convention.

(Rule 4.4 allows the court to strike out(GL) a statement of case.)

(...)

Security for costs of an appeal

20

The court may order security for costs of an appeal against—

(a) an appellant;

(b) a respondent who also appeals,

on the same grounds as it may order security for costs against an applicant under this Part.

PART 21 — MISCELLANEOUS RULES ABOUT DISCLOSURE AND INSPECTION OF DOCUMENTS

Interpretation

21

(1) A party discloses a document by stating that the document exists or has existed.

(2) Inspection of a document occurs when a party is permitted to inspect a document disclosed by another person.

(3) For the purposes of disclosure and inspection—

(a) “document” means anything in which information of any description is recorded; and

(b) “copy” in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

Orders for disclosure against a person not a party

21

(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings.

(2) The application—

(a) may be made without notice; and

(b) must be supported by evidence.

(3) The court may make an order under this rule only where disclosure is necessary in order to dispose fairly of the proceedings or to save costs.

(4) An order under this rule must—

(a) specify the documents or the classes of documents which the respondent must disclose; and

(b) require the respondent, when making disclosure, to specify any of those documents—

(i) which are no longer in the respondent's control; or

(ii) in respect of which the respondent claims a right or duty to withhold inspection.

(5) Such an order may—

(a) require the respondent to indicate what has happened to any documents which are no longer in the respondent's control; and

(b) specify the time and place for disclosure and inspection.

(6) An order under this rule must not compel a person to produce any document which that person could not be compelled to produce at the final hearing.

(7) This rule does not limit any other power which the court may have to order disclosure against a person who is not a party to proceedings.

(... )

Claim to withhold inspection or disclosure of a document

21

(1) A person may apply, without notice, for an order permitting that person to withhold disclosure of a document on the ground that disclosure would damage the public interest.

(2) Unless the court otherwise orders, an order of the court under paragraph (1)—

(a) must not be served on any other person; and

(b) must not be open to inspection by any other person.

(3) A person who wishes to claim a right or a duty to withhold inspection of a document, or part of a document, must state in writing—

(a) the right or duty claimed; and

(b) the grounds on which that right or duty is claimed.

(4) The statement referred to in paragraph (3) must be made to the person wishing to inspect the document.

(5) A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.

(6) Where the court is deciding an application under paragraph (1) or (5) it may—

(a) require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and

(b) invite any person, whether or not a party, to make representations.

(7) An application under paragraph (1) or (5) must be supported by evidence.

(8) This Part does not affect any rule of law which permits or requires a document to be withheld from disclosure or inspection on the ground that its disclosure or inspection would damage the public interest.

PART 22 — EVIDENCE

CHAPTER 1 — GENERAL RULES

Power of court to control evidence

22

(1) The court may control the evidence by giving directions as to—

(a) the issues on which it requires evidence;

(b) the nature of the evidence which it requires to decide those issues; and

(2) The court may use its power under this rule to exclude evidence that would otherwise be admissible.

(3) The court may permit a party to adduce evidence, or to seek to rely on a document, in respect of which that party has failed to comply with the requirements of this Part.

(4) The court may limit cross-examination(GL).

Evidence of witnesses – general rule

22

(1) The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved—

(a) at the final hearing, by their oral evidence; and

(b) at any other hearing, by their evidence in writing.

(2) The general rule does not apply—

(a) to proceedings under Part 12 for secure accommodation orders, interim care orders or interim supervision orders; or

(b) where an enactment, any of these rules, a practice direction or a court order provides to the contrary.

(Section 45(7) of the Children Act 1989 (emergency protection orders) is an example of an enactment which makes provision relating to the evidence that a court may take into account when hearing an application.)

Evidence by video link or other means

22

The court may allow a witness to give evidence through a video link or by other means.

Witness statements

22

(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

(2) A witness statement must comply with the requirements set out in the Practice Direction 22A. (Part 17 requires a witness statement to be verified by a statement of truth.)

Service of witness statements for use at the final hearing

22

(1) The court may give directions as to service on the other parties of any witness statement of the oral evidence on which a party intends to rely in relation to any issues of fact to be decided at the final hearing.

(2) The court may give directions as to—

(a) the order in which witness statements are to be served; and

(b) whether or not the witness statements are to be filed.

(3) Where the court directs that a court officer is to serve a witness statement on the other parties, any reference in this Chapter to a party serving a witness statement is to be read as including a reference to a court officer serving the statement.

Use at the final hearing of witness statements which have been served

22

(1) If a party—

(a) has served a witness statement; and

(b) wishes to rely at the final hearing on the evidence of the witness who made the statement,

that party must call the witness to give oral evidence unless the court directs otherwise or the party puts the statement in as hearsay evidence. (Part 23 (miscellaneous rules about evidence) contains provisions about hearsay evidence.)

(2) The witness statement of a witness called to give oral evidence under paragraph (1) is to stand as the evidence in chief(GL) of that witness unless the court directs otherwise.

(3) A witness giving oral evidence at the final hearing may with the permission of the court—

(a) amplify his witness statement; and

(b) give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.

(4) The court will give permission under paragraph (3) only if it considers that there is good reason not to confine the evidence of the witness to the contents of the witness statement.

(5) If a party who has served a witness statement does not—

(a) call the witness to give evidence at the final hearing; or

(b) put the witness statement in as hearsay evidence,

any other party may put the witness statement in as hearsay evidence.

Evidence at hearings other than the final hearing

22

(1) Subject to paragraph(2), the general rule is that evidence at hearings other than the final hearing is to be by witness statement unless the court, any other rule, a practice direction or any other enactment requires otherwise.

(2) At hearings other than the final hearing, a party may rely on the matters set out in that party's—

(a) application form;

(b) application notice; or

if the application form, application notice or answer, as the case may be, is verified by a statement of truth or if the court gives that party permission to do so without such verification.

Order for cross-examination

22

(1) Where, at a hearing other than the final hearing, evidence is given in writing, any party may apply to the court for permission to cross-examine(GL) the person giving the evidence.

(2) If the court gives permission under paragraph (1) but the person in question does not attend, that person's evidence may not be used unless the court directs otherwise.

(... )

Witness summaries

22

(1) A party who—

(a) is required to serve a witness statement for use at any hearing; but

(b) is unable to obtain one,

may apply, without notice, for permission to serve a witness summary instead.

(2) A witness summary is a summary of—

(a) the evidence, if known, which would otherwise be included in a witness statement; or

(b) if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.

(3) Unless the court directs otherwise, a witness summary must include the name and address of the intended witness.

(4) Unless the court directs otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.

(5) Where a party serves a witness summary, so far as practicable rules 22.4(2) (form of witness statements), 22.5 (service of witness statements for use at the final hearing) and 22.6(3) (amplifying witness statements) apply to the summary.

Consequence of failure to serve witness statement

22

If a witness statement for use at the final hearing is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

Cross-examination on a witness statement

22

A witness who is called to give evidence at the final hearing may be cross-examined(GL) on the witness statement, whether or not the statement or any part of it was referred to during the witness's evidence in chief(GL).

Affidavit evidence

22

(1) Evidence must be given by affidavit(GL) instead of or in addition to a witness statement if this is required by the court, a provision contained in any other rule, a practice direction or any other enactment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(... )

Form of affidavit

22

An affidavit(GL) must comply with the requirements set out in the Practice Direction 22A.

Affidavit made outside the jurisdiction

22

A person may make an affidavit (GL) outside the jurisdiction in accordance with—

(a) this Part; or

(b) the law of the place where the affidavit(GL) is made.

Notice to admit facts

22

(1) A party may serve notice on another party requiring the other party to admit the facts, or the part of the case of the serving party, specified in the notice.

(2) A notice to admit facts must be served no later than 21 days before the final hearing.

(3) Where the other party makes any admission in answer to the notice, the admission may be used against that party only—

(a) in the proceedings in which the notice to admit is served; and

(b) by the party who served the notice.

(4) The court may allow a party to amend or withdraw any admission made by that party on such terms as it thinks just.

Notice to admit or produce documents

22

(1) A party to whom a document is disclosed is deemed to admit the authenticity of that document unless notice is served by that party that the party wishes the document to be proved at the final hearing.

(2) A notice to prove a document must be served—

(a) by the latest date for serving witness statements; or

(b) within 7 days beginning with the date of service of the document, whichever is later.

Notarial acts and instruments

22

A notarial act or instrument may be received in evidence without further proof as duly authenticated in accordance with the requirements of law unless the contrary is proved.

CHAPTER 2 — RULES APPLYING ONLY TO PARTICULAR PROCEEDINGS

Scope of this Chapter

22

This Chapter of this Part applies to affidavits(GL) and affirmations as it applies to witness statements.

Availability of witness statements for inspection during the final hearing

22

(1) This rule applies to proceedings under Part 7 (matrimonial and civil partnership proceedings).

(2) A witness statement which stands as evidence in chief(GL) is open to inspection during the course of the final hearing unless the court directs otherwise.

(3) Any person may ask for a direction that a witness statement is not open to inspection.

(4) The court will not make a direction under paragraph (2) unless it is satisfied that a witness statement should not be open to inspection because of—

(a) the interests of justice;

(b) the public interest;

(d) the nature of any confidential information (including information relating to personal financial matters) in the statement; or

(e) the need to protect the interests of any child or protected party.

(5) The court may exclude from inspection words or passages in the witness statement.

Use of witness statements for other purposes

22

(1) This rule applies to proceedings under Part 7 (matrimonial and civil partnership proceedings) or Part 9 (financial remedies).

(2) Except as provided by this rule, a witness statement may be used only for the purpose of the proceedings in which it is served.

(3) Paragraph (2) does not apply if and to the extent that—

(a) the court gives permission for some other use; or

(b) the witness statement has been put in evidence at a hearing held in public.

PART 23 — MISCELLANEOUS RULES ABOUT EVIDENCE

Scope and interpretation of this Part

23

Rules 23.2 to 23.6 apply to evidence to which the Children (Admissibility of Hearsay Evidence) Order 1993 does not apply.

Notice of intention to rely on hearsay evidence

23

(1) Where a party intends to rely on hearsay evidence at the final hearing and either—

(a) that evidence is to be given by a witness giving oral evidence; or

(b) that evidence is contained in a witness statement of a person who is not being called to give oral evidence,

that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a witness statement on the other parties in accordance with the court's directions.

(2) Where paragraph (1)(b) applies, the party intending to rely on the hearsay evidence must, when serving the witness statement—

(a) inform the other parties that the witness is not being called to give oral evidence; and

(b) give the reason why the witness will not be called.

(3) In all other cases where a party intends to rely on hearsay evidence at the final hearing, that party complies with section 2(1)(a) of the Civil Evidence Act 1995 by serving a notice on the other parties which—

(a) identifies the hearsay evidence;

(b) states that the party serving the notice proposes to rely on the hearsay evidence at the final hearing; and

(4) The party proposing to rely on the hearsay evidence must—

(a) serve the notice no later than the latest date for serving witness statements; and

(b) if the hearsay evidence is to be in a document, supply a copy to any party who requests it.

Circumstances in which notice of intention to rely on hearsay evidence is not required

23

Section 2(1) of the Civil Evidence Act 1995 (duty to give notice of intention to rely on hearsay evidence) does not apply—

(a) to evidence at hearings other than final hearings;

(b) to an affidavit(GL) or witness statement which is to be used at the final hearing but which does not contain hearsay evidence; or

Power to call witness for cross-examination on hearsay evidence

23

(1) Where a party—

(a) proposes to rely on hearsay evidence; and

(b) does not propose to call the person who made the original statement to give oral evidence,

the court may, on the application of any other party, permit that party to call the maker of the statement to be cross-examined(GL) on the contents of the statement.

(2) An application for permission to cross-examine(GL) under this rule must be made within 14 days beginning with the date on which a notice of intention to rely on the hearsay evidence was served on the applicant.

(... )

Credibility

23

(1) Where a party proposes to rely on hearsay evidence, but—

(a) does not propose to call the person who made the original statement to give oral evidence; and

(b) another party wishes to call evidence to attack the credibility of the person who made the statement,

the party who so wishes must give notice of that intention to the party who proposes to give the hearsay statement in evidence.

(2) A party must give notice under paragraph (1) within 14 days after the date on which a hearsay notice relating to the hearsay evidence was served on that party.

Use of plans, photographs and models etc as evidence

23

(1) This rule applies to—

(a) evidence (such as a plan, photograph or model) which is not—

(i) contained in a witness statement, affidavit(GL) or expert's report;

(ii) to be given orally at the final hearing; or

(iii) evidence of which prior notice must be given under rule 23.2; and

(b) documents which may be received in evidence without further proof under section 9 of the Civil Evidence Act 1995.

(2) Except as provided below, section 2(1)(a) of the Civil Evidence Act 1995 (notice of proposal to adduce hearsay evidence) does not apply to evidence falling within paragraph (1).

(3) Such evidence is not receivable at the final hearing unless the party intending to rely on it (in this rule, “the party”) has—

(a) served it or, in the case of a model, a photograph of it with an invitation to inspect the original, on the other party in accordance with this rule; or

(b) complied with such directions as the court may give for serving the evidence on, or for giving notice under section 2(1)(a) of the Civil Evidence Act 1995 in respect of the evidence to, the other party.

(4) Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, the party must serve the evidence not later than the latest date for serving witness statements.

(5) The party must serve the evidence at least 21 days before the hearing at which the party proposes to rely on it if—

(a) there are not to be witness statements; or

(b) the party intends to put in the evidence solely in order to disprove an allegation made in a witness statement.

(6) Where the evidence forms part of expert evidence, the party must serve the evidence when the expert's report is served on the other party.

(7) Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, the party must serve the evidence at least 21 days before the hearing at which the party proposes to rely on it.

(8) Where the court directs a party to give notice that the party intends to put in the evidence, the court may direct that every other party be given an opportunity to inspect it and to agree to its admission without further proof.

Evidence of finding on question of foreign law

23

(1) This rule sets out the procedure which must be followed by a party (in this rule, “the party”) who intends to put in evidence a finding on a question of foreign law by virtue of section 4(2) of the Civil Evidence Act 1972.

(2) The party must give any other party notice of that intention.

(3) The party must give the notice—

(a) if there are to be witness statements, not later than the latest date for serving them; or

(b) otherwise, not less than 21 days before the hearing at which the party proposes to put the finding in evidence.

(4) The notice must—

(a) specify the question on which the finding was made; and

(b) enclose a copy of a document where it is reported or recorded.

23

In proceedings to which Part 9 (financial remedies) applies, a document purporting to contain the written consent of a person to act as trustee and to bear that person's signature verified by some other person is evidence of such consent.

Note of oral evidence in magistrates' courts

23

In proceedings in the family court before a lay justice or lay justices, the justices’ legal adviser or the court shall keep a note of the substance of the oral evidence given at a directions appointment or at a hearing of any proceedings.

PART 24 — WITNESSES AND DEPOSITIONS GENERALLY

CHAPTER 1 — WITNESSES AND DEPOSITIONS

Scope of this Chapter

24

(1) This Chapter provides—

(a) for the circumstances in which a person may be required to attend court to give evidence or to produce a document; and

(b) for a party to obtain evidence before a hearing to be used at the hearing.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(... )

Witness summonses

24

(1) A witness summons is a document issued by the court requiring a witness to—

(a) attend court to give evidence; or

(b) produce documents to the court.

(2) A witness summons must be in the form set out in Practice Direction 24A.

(3) There must be a separate witness summons for each witness.

(4) A witness summons may require a witness to produce documents to the court either—

(a) on the date fixed for a hearing; or

(b) on such date as the court may direct.

(5) The only documents that a summons under this rule can require a person to produce before a hearing are documents which that person could be required to produce at the hearing.

(... )

Issue of a witness summons

24

(1) A witness summons is issued on the date entered on the summons by the court.

(2) A party must obtain permission from the court where that party wishes to—

(a) have a summons issued less than 7 days before the date of the final hearing;

(b) have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the final hearing; or

(c) have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the final hearing.

(3) A witness summons must be issued by—

(a) the court where the case is proceeding; or

(b) the court where the hearing in question will be held.

(4) The court may set aside (GL)or vary a witness summons issued under this rule.

Time for serving a witness summons

24

(1) The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court.

(2) The court may direct that a witness summons is binding although it is served less than 7 days before the date on which the witness is required to attend before the court.

(3) A witness summons which is—

(a) served in accordance with this rule; and

(b) requires the witness to attend court to give evidence,

is binding until the conclusion of the hearing at which the attendance of the witness is required.

(... )

Who is to serve a witness summons

24

(1) Subject to paragraph (2), a witness summons is to be served by the party on whose behalf it is issued unless that party indicates in writing, when asking the court to issue the summons, that that party wishes the court to serve it instead.

(2) In proceedings to which Part 14 (procedure for applications in adoption, placement and related proceedings) applies, a witness summons is to be served by the court unless the court directs otherwise.

(3) Where the court is to serve the witness summons, the party on whose behalf it is issued must deposit, in the court office, the money to be paid or offered to the witness under rule24.6.

Right of witness to travelling expenses and compensation for loss of time

24

At the time of service of a witness summons the witness must be offered or paid—

(a) a sum reasonably sufficient to cover the expenses of the witness in travelling to and from the court; and

(b) such sum by way of compensation for loss of time as may be specified in Practice Direction 24A.

Evidence by deposition

24

(1) A party may apply for an order for a person to be examined before the hearing takes place.

(2) A person from whom evidence is to be obtained following an order under this rule is referred to as a ‘deponent’ and the evidence is referred to as a ‘deposition’.

(3) An order under this rule is for a deponent to be examined on oath before—

(a) a judge;

(b) an examiner of the court; or

(Rule 24.14 makes provision for the appointment of examiners of the court.)

(4) The order may require the production of any document which the court considers is necessary for the purposes of the examination.

(5) The order must state the date, time and place of the examination.

(6) At the time of service of the order the deponent must be offered or paid—

(a) a sum reasonably sufficient to cover the expenses of the deponent in travelling to and from the place of examination; and

(b) such sum by way of compensation for loss of time as may be specified in Practice Direction 24A.

(7) Where the court makes an order for a deposition to be taken, it may also order the party who obtained the order to serve a witness statement or witness summary in relation to the evidence to be given by the person to be examined.

(Part 22 (evidence) contains the general rules about witness statements and witness summaries.)

(... )

Conduct of examination

24

(1) Subject to any directions contained in the order for examination, the examination must be conducted in the same way as if the witness were giving evidence at a final hearing.

(2) If all the parties are present, the examiner may conduct the examination of a person not named in the order for examination if all the parties and the person to be examined consent.

(3) In disputed proceedings under Part 7 (matrimonial and civil partnership proceedings), the examiner may conduct the examination in private if of the view that it is appropriate to do so.

(4) Save in proceedings to which paragraph (3) applies, the examiner will conduct the examination in private unless of the view that it is not appropriate to do so.

(5) The examiner must ensure that the evidence given by the witness is recorded in full.

(6) The examiner must send a copy of the deposition—

(a) to the person who obtained the order for the examination of the witness; and

(b) to the court where the case is proceeding.

(7) The court will give directions as to service of the deposition on the other party.

Enforcing attendance of witness

24

(1) If a person served with an order to attend before an examiner—

(a) fails to attend; or

(b) refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document at the examination,

a certificate of that person's failure or refusal, signed by the examiner, must be filed by the party requiring the deposition.

(2) On the certificate being filed, the party requiring the deposition may apply to the court for an order requiring that person to attend or to be sworn or to answer any question or produce any document, as the case may be.

(3) An application for an order under this rule may be made without notice.

(4) The court may order the person against whom an order is made under this rule to pay any costs resulting from that person's failure or refusal.

(... )

Use of deposition at a hearing

24

(1) A deposition ordered under rule 24.7 may be given in evidence at a hearing unless the court orders otherwise.

(2) A party intending to put in evidence a deposition at a hearing must file notice of intention to do so on the court and the court will give directions about serving the notice on every other party.

(3) The party must file the notice at least 21 days before the day fixed for the hearing.

(4) The court may require a deponent to attend the hearing and give evidence orally.

(5) Where a deposition is given in evidence at the final hearing, it is treated as if it were a witness statement for the purposes of rule 22.19 (availability of witness statements for inspection).

(... )

Restrictions on subsequent use of deposition taken for the purpose of any hearing except the final hearing

24

(1) This rule applies to proceedings under Part 7 (matrimonial and civil partnership proceedings) or Part 9 (financial remedies).

(2) Where the court orders a party to be examined about that party's or any other assets for the purpose of any hearing except the final hearing, the deposition may be used only for the purpose of the proceedings in which the order was made.

(3) However it may be used for some other purpose—

(a) by the party who was examined;

(b) if the party who was examined agrees; or

Where a person to be examined is out of the jurisdiction – letter of request

24

(1) This rule applies where a party wishes to take a deposition from a person out of the jurisdiction.

(2) The High Court may order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.

(3) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.

(4) The High Court may make an order under this rule in relation to family court proceedings.

(5) If the government of a country allows a person appointed by the High Court to examine a person in that country, the High Court may make an order appointing a special examiner for that purpose.

(6) A person may be examined under this rule on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.

(7) If the High Court makes an order for the issue of a letter of request, the party who sought the order must file—

(a) the following documents and, except where paragraph (8) applies, a translation of them—

(i) a draft letter of request;

(ii) a statement of the issues relevant to the proceedings; and

(iii) a list of questions or the subject matter of questions to be put to the person to be examined; and

(b) an undertaking to be responsible for the Secretary of State's expenses.

(8) There is no need to file a translation if—

(a) English is one of the official languages of the country where the examination is to take place; or

(b) a practice direction has specified that country as a country where no translation is necessary.

(... )

Fees and expenses of examiner of the court

24

(1) An examiner of the court may charge a fee for the examination.

(2) The examiner need not send the deposition to the court unless the fee is paid.

(3) The examiner's fees and expenses must be paid by the party who obtained the order for examination.

(4) If the fees and expenses due to an examiner are not paid within a reasonable time, the examiner may report that fact to the court.

(5) The court may order the party who obtained the order for examination to deposit in the court office a specified sum in respect of the examiner's fees and, where it does so, the examiner will not be asked to act until the sum has been deposited.

(6) An order under this rule does not affect any decision as to the party who is ultimately to bear the costs of the examination.

Examiners of the court

24

(1) The Lord Chancellor will appoint persons to be examiners of the court.

(2) The persons appointed must be barristers or solicitor-advocates who have been practising for a period of not less than 3 years.

(3) The Lord Chancellor may revoke an appointment at any time.

CHAPTER 2 — TAKING OF EVIDENCE – MEMBER STATES OF THE EUROPEAN UNION

Interpretation

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where a person to be examined is in another Regulation State

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 25 — EXPERTS AND ASSESSORS

Duty to restrict expert evidence

25.1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

25.2

(1) In this Part—

“children proceedings” means—proceedings referred to in rules 12.1 and 14.1 and any other proceedings which relate wholly or mainly to the maintenance or upbringing of a minor;applications for permission to start proceedings mentioned in paragraph (a);andapplications made in the course of proceedings mentioned in paragraph (a);

“expert” means a person who provides expert evidence for use in proceedings; (Section 13(8) of the 2014 Act provides for what is not included in reference to providing expert evidence or putting expert evidence before the court in children proceedings)

“single joint expert” means a person who provides expert evidence for use in proceedings on behalf of two or more of the parties (including the applicant) to the proceedings.

(2) The meaning of “children proceedings” in paragraph (1) is the prescribed meaning for the purposes of section 13(9) of the 2014 Act.

(Regulation 3 of the Restriction on the Preparation of Adoption Reports Regulations 2005 (S.I. 2005/1711) sets out which persons are within a prescribed description for the purposes of section 94(1) of the 2002 Act.)

Experts-overriding duty to the court

25.3

(1) It is the duty of experts to help the court on matters within their expertise.

(2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.

(Particular duties of an expert are set out in Practice Direction 25B (The Duties of an Expert, the Expert’s Report and Arrangements for an Expert to Attend Court.)

Court’s power to restrict expert evidence

25.4

(1) This rule applies to proceedings other than children proceedings.

(2) A person may not without the permission of the court put expert evidence (in any form) before the court.

(3) The court may give permission as mentioned in paragraph (2) only if the court is of the opinion that the expert evidence is necessary to assist the court to resolve the proceedings.

(Provision relating to the control of expert evidence in children proceedings is contained in section 13 of the 2014 Act.)

General requirement for expert evidence to be given in a written report

25.5

(1) When deciding whether to give permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or to give a direction under 38(6) of the 1989 Act in children proceedings, the court is to have regard in particular to any failure to comply with rule 25.6 or any direction of the court about expert evidence.

(1A) The matter referred to in paragraph (1) is a prescribed matter for the purposes of section 13(7)(h) of the 2014 Act and section 38(7B) of the 1989 Act.

(2) When deciding whether to give permission as mentioned in rule 25.4(1) in proceedings other than children proceedings, the court is to have regard in particular to—

(a) the issues to which the expert evidence would relate;

(b) the questions which the court would require the expert to answer;

(c) the impact which giving permission would be likely to have on the timetable, duration and conduct of the proceedings;

(d) any failure to comply with rule 25.6 or any direction of the court about expert evidence; and

(e) the cost of the expert evidence.

(3) Provision may be made in a practice direction in relation to permission to put expert evidence in relation to toxicology testing before the court.

Written questions to experts

25.6

Unless the court directs otherwise, parties must apply for the court’s permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or rule 25.4(2) as soon as possible and—

(a) in Part 4 proceedings referred to in rule 12.2 and in so far as practicable other public law proceedings referred to in that rule, no later than a Case Management Hearing;

(b) in private law proceedings referred to in rule 12.2, no later than the First Hearing Dispute Resolution Appointment;

(d) in proceedings for a financial remedy, no later than the first appointment; and

(e) in a disputed case referred to in rule 7.1(3), no later than any Case Management Hearing directed by the court under rule 7.14.

Court's power to direct that evidence is to be given by a single joint expert

25.7

(1) Part 18 applies to an application for the court’s permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or rule 25.4 (2).

(2) In any proceedings—

(a) the application notice requesting the court’s permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or rule 25.4 (2) must state—

(i) the field in which the expert evidence is required;

(ii) where practicable, the name of the proposed expert;

(iii) the issues to which the expert evidence is to relate;

(iv) whether the expert evidence could be obtained from a single joint expert;

(v) the other matters set out in Practice Direction 25C or 25D, as the case may be; and

(b) a draft of the order sought is to be attached to the application notice requesting the court’s permission and that draft order must set out the matters specified in Practice Direction 25C or 25D, as the case may be.

(3) In children proceedings, an application notice requesting the court’s permission as mentioned in section 13(1), (3) or (5) of the 2014 Act must, in addition to the matters specified in paragraph (2)(a), state the questions which the expert is to be required to answer.

Instructions to a single joint expert

25.8

(1) In any proceedings, where the court grants permission as mentioned in section 13(1), (3) or (5) of the 2014 Act or rule 25.4 (2)—

(a) it will grant permission only in relation to the expert named or the field identified in the application notice requesting the court’s permission; and

(b) the court will give directions specifying the date by which the expert is to provide a written report.

(2) In children proceedings, in addition to the directions in paragraph (1)(b), the court will give directions—

(a) approving the questions which the expert is required to answer;

(b) specifying the date by which the expert is to receive the letter of instruction.

Power of court to direct a party to provide information

25.9

(1) Expert evidence is to be given in a written report unless the court directs otherwise.

(2) The court will not direct an expert to attend a hearing unless it is necessary to do so in the interests of justice.

Contents of report

25.10

(1) A party may put written questions about an expert’s report to—

(a) an expert instructed by another party; or

(b) a single joint expert appointed under rule 25.11.

(2) Unless the court directs otherwise or a practice direction provides otherwise, written questions under paragraph (1)—

(a) must be proportionate;

(b) may be put once only;

(d) must be for the purpose only of clarification of the report; and

(e) must be copied and sent to the other parties at the same time as they are sent to the expert.

(3) An expert’s answers to questions put in accordance with paragraph (1)—

(a) must be given within the timetable specified by the court; and

(b) are treated as part of the expert’s report.

(4) Where—

(a) a party has put a written question to an expert instructed by another party; and

(b) the expert does not answer that question,

the court may make one or both of the following orders in relation to the party who instructed the expert—

(i) that the party may not rely on the evidence of that expert; or

(ii) that the party may not recover the fees and expenses of that expert from any other party.

Use by one party of expert's report disclosed by another

25.11

(1) Where two or more parties wish to put expert evidence before the court on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.

(2) Where the parties who wish to put expert evidence before the court (“the relevant parties”) cannot agree who should be the single joint expert, the court may—

(a) select the expert from a list prepared or identified by the relevant parties; or

(b) direct that the expert be selected in such other manner as the court may direct.

Discussions between experts

25.12

(1) Where the court gives a direction under rule 25.11(1) for a single joint expert to be used, the instructions are to be contained in a jointly agreed letter unless the court directs otherwise.

(2) Where the instructions are to be contained in a jointly agreed letter, in default of agreement the instructions may be determined by the court on the written request of any relevant party copied to the other relevant parties.

(3) Where the court permits the relevant parties to give separate instructions to a single joint expert, each instructing party must, when giving instructions to the expert, at the same time send a copy of the instructions to the other relevant parties.

(4) The court may give directions about—

(a) the payment of the expert’s fees and expenses; and

(b) any inspection, examination or assessments which the expert wishes to carry out.

(5) The court may, before an expert is instructed, limit the amount that can be paid by way of fees and expenses to the expert.

(6) Unless the court directs otherwise, the relevant parties are jointly and severally liable for the payment of the expert’s fees and expenses.

Expert's right to ask court for directions

25.13

(1) Subject to paragraph (2), where a party has access to information which is not reasonably available to another party, the court may direct the party who has access to the information to—

(a) prepare and file a document recording the information; and

(b) serve a copy of that document on the other party.

(2) In proceedings under Part 14 (procedure for applications in adoption, placement and related proceedings), a court officer will send a copy of the document recording the information to the other party.

Assessors

25.14

(1) An expert’s report must comply with the requirements set out in Practice Direction 25B.

(2) At the end of an expert’s report there must be a statement that the expert understands and has complied with the expert’s duty to the court.

(3) The instructions to the expert are not privileged against disclosure.

(Rule 21.1 explains what is meant by disclosure.)

PART 26 — CHANGE OF SOLICITOR

Solicitor acting for a party

26

Where the address for service of a party is the business address of that party's solicitor, the solicitor will be considered to be acting for that party until the provisions of this Part have been complied with. (Part 6 contains provisions about the address for service.)

Change of solicitor – duty to give notice

26

(1) This rule applies where—

(a) a party for whom a solicitor is acting wants to change solicitor;

(b) a party, after having conducted the application in person, appoints a solicitor to act for that party (except where the solicitor is appointed only to act as an advocate for a hearing); or

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