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The Family Procedure Rules 2010
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The Family Procedure Rules 2010, Section 20 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Rules applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- rule 6.23A inserted by S.I. 2024/1016 rule 3(2)
- rule 11.4(7) inserted by S.I. 2024/1016 rule 7(1)(c)
Time when an order for an interim remedy may be madeE+W
This section has no associated Explanatory Memorandum
20.3.—(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 M1 (order for disclosure, inspection etc. before starting an application).
Marginal Citations
M1Section 52 was amended by section 10 of and paragraph 2(2) of Schedule 2 to the Civil Procedure Act 1997 and by article 6(b) of the Civil Procedure (Modification of Enactments) Order 1998 and by section 125(3) of and paragraph 43 of Schedule 18 to the Courts and Legal Services Act 1990.
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