Guidance
Pilot Practice Directions - June 2020 update
Changes to pilot Practice Directions 36O, 36S, 36J, 41A, 36K, and 36T come into force in June, July, and August 2020.
Applies to England and Wales
Documents
Details
The following amendments or replacements have been made.
| Practice Direction | Details |
|---|---|
| Pilot Practice Direction 36O (Procedure for bulk scanning of certain documents) | This extends the expiry date for the pilot arrangements to 30 September 2021, and provides for the court to send documents to the specified third-party scanning provider where the court considers it appropriate to do so. |
| Pilot Practice Direction 36S (Announcements in open court – Suspension of certain requirements) | The new pilot PD36S modifies PD10A (Part 4 of the Family Law Act 1996) and PD12K (Children Act: Exclusion Requirement), to temporarily suspend the requirements to announce in open court specified orders, where the person subject to the order was not given notice of the hearing and did not attend. Made primarily in response to coronavirus significantly limiting opportunities for such open court announcements to be made, the impact of this pilot Practice Direction will be reviewed to inform a decision about longer term arrangements following the expiry date of 31 March 2021. To this end, FPRC stakeholders will be consulted for their views in the autumn. |
These changes come into effect on 26 June 2020.
| Practice Direction | Details |
|---|---|
| Pilot Practice Direction 36J (Pilot scheme: Transparency (Attendance at hearings in private) | This update extends the expiry date for the pilot arrangements allowing legal bloggers to attend family proceedings heard in private. The revised expiry date for pilot Practice Direction is 31 December 2020. |
This change comes into effect on 29 June 2020.
| Practice Direction | Details |
|---|---|
| Practice Direction 41A (Proceeding by electronic means: certain proceedings for a matrimonial order) | This update provides for an applicant to continue to use the online divorce application system, in cases where the respondent or co-respondent files a paper acknowledgement of service. In these circumstances, the respondent or co-respondent will continue to receive future notifications and orders on paper. |
This change comes into effect on 30 June 2020.
| Practice Direction | Details |
|---|---|
| Practice Direction 36K (Pilot scheme: Procedure for the bulk scanning of certain private law applications) | This update extends the scope of the current pilot arrangements, so that all applications for any order in private family law proceedings (as defined in rule 12.2 FPR) may potentially be sent for bulk scanning by the third-party scanning provider. It also clarifies the options for paying application fees where applications are sent to the third-party scanning provider. Pilot PD36K amends the modifications already made under the pilot to PD5B (Communication and Filing of Documents by Email), and PD12B (Child Arrangements Programme). Pilot PD36K will continue to apply only where HMCTS indicates that the application must be filed by sending it to a specified address. |
These changes take effect from 1 July 2020.
| Practice Direction | Details |
|---|---|
| Practice Direction 36T (Pilot Provision: Proceeding by Electronic Means – Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings) | This new pilot PD36T makes temporary modifications to PD41B (Proceeding by Electronic Means – Procedure for an Application for a Consent Order for a Financial Remedy in Connection with Divorce Proceedings), the effect of which are to make use of the online system mandatory where the applicant is legally represented. The two month lead in before the new pilot PD36T takes effect is intended to allow legal representatives time to make the transition from paper to the digital system. |
These changes take effect from 24 August 2020.