R v R (Family Court: Procedural Fairness) (Practice Note)

Subject Matter

PRACTICE — Family Court — Procedural fairness — Principles applicable to making of without notice non-molestation order and other orders in family proceedings — Need for accurate drafting of orders carrying sanctions or penal consequences — Non-compliance with case management orders — Fair application of rule governing relief from sanctions — Need to avoid unfairness where one party entitled to public funding of legal costs but other not — Family Law Act 1996, s 45 (as amended by Crime and Courts Act 2013, s 17(6), Sch 11, para 130) — FPR rr 4.6, 22.10

[2014] EWFC 48; [2015] 1 WLR 2743; [2015] 2 FLR 1005; [2014] CN 2193, Fam Ct