The Family Procedure Rules 2010

Scope and interpretation E+W

30.1.—(1) The rules in this Part apply to appeals to—

(a) the High Court; and

(b) [F1 the family court].

(2) This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

(Rules [F2 47.21 to 47.24] of the CPR deal with appeals against a decision of an authorised court officer in detailed assessment proceedings.)

(3) In this Part—

“appeal court” means the court to which an appeal is made;

“appeal notice” means an appellant's or respondent's notice;

“appellant” means a person who brings or seeks to bring an appeal;

[F3 “costs judge” means —

(a)

the Chief Taxing Master;

(b)

a taxing master of the Senior Courts; or

(c)

a person appointed to act as deputy for the person holding office referred to in paragraph (b) or to act as temporary additional officer for any such office;

“district judge” means —

(a)

the Senior District Judge of the Family Division

(b)

a district judge of the Principal Registry of the Family Division;

(c)

a person appointed to act as deputy for the person holding office referred to in paragraph (b) or to act as temporary additional officer for any such office;

(d)

a district judge;

(e)

a deputy district judge appointed under section 102 of the Senior Courts Act 1981 or section 8 of the County Courts Act 1984; or

(f)

a District Judge (Magistrates’ Courts);]

“lower court” means the court from which, or the person from whom, the appeal lies; and

“respondent” means—

(a)

a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

(b)

a person who is permitted by the appeal court to be a party to the appeal.

(4) This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Textual Amendments

F1 Words in rule 30.1(1)(b) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 21(a) (with rule 45)

F2 Words in rule 30.1 substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 21(b) (with rule 45)

F3 Words in rule 30.1(3) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 21(c) (with rule 45)