The Family Justice Courts Practice Directions will be amended as follows with effect from 2 January 2021: -
The amendments in 1 are to provide for the nomenclature renaming of the ‘High Court’ to the ‘General Division of the High Court’ consequential to the amendments made to the Supreme Court of Judicature (Amendment) Act 2019, and to accurately reflect the position under Sections 47(2) and (3) of the Family Justice Act. The reference to the Supreme Court Building is also removed as documents may be filed electronically.
The deletion in 2 is to maintain consistency with the Family Justice Act in relation to applications pursuant to the Mental Capacity Act.
The amendments in 3 are to reflect the applicable mode of electronic filing for applications filed pursuant to the Vulnerable Adults Act.
The deletion in 4 is to align the applicable Practice Directions in relation to requests for Court records.
The amendments in 5 are to clarify the requirements for the filing and service of Written
Submissions and Bundle of Authorities for special date hearings in the Family Division of the High Court.
The amendments in 6 are to clarify the manner of computation of the applicable timelines and other details for the filing of the related appeal documents; and to update the Paragraph in relation to prior appeals filed during the time period of between 1 October 2014 to 1 January 2015.
The deletion in 7 is to remove the requirement for skeletal arguments for appeals before the Family Division of the High Court.
The amendments in 8 and the related deletion in 1(t) are to update the manner in which parties seeking to reschedule their hearing dates should make their request.
The amendment in 9 is to reflect consistency of terminology references to ‘Family Justice Courts’.
The amendments in 9, 17 and 19 are to reflect consistency of terminology references within the Practice Directions.
The amendments in 11 are for consistency in language and format; and to clarify the directions for a party to object to an application filed pursuant to the Vulnerable Adults Act.
The amendment in 12 incorporates the related Form 64B-1 as referred to in the consequential insertion of Rule 295I(1A) of the Family Justice Rules.
The amendment in 13 incorporates the format for a Notice of Objection for applications filed pursuant to Section 22(4) of the Vulnerable Adults Act.
The addition in 14 incorporates the related Form 64I as referred to in the consequential insertion of Rule 295T of the Family Justice Rules.
The amendment in 15 is to provide the accurate reference to the hierarchy of appeals consequential to the amendments made to the Supreme Court of Judicature (Amendment) Act 2019.
The amendment in 16 is to update the correct addressee of the Order to produce a person in Prison.
The deletion in 18 is consequential to the amendment of Rule 830(3) of the Family Justice Rules, rendering Form 169 redundant.