APPEALS: NEW RULESOn the subject of appeals, Rules of the Supreme Court 1965 Order 59 (appeals to the Court of Appeal) will be revoked and replaced by Civil Procedure Rules 1998 Part 52, with effect from 2 May 2000 (Civil Procedure Rules 1998 (Amendment) Rules 2000 r.19 and sched 5).An issue which immediately arises is whether an appeal from family proceedings to the Court of Appeal is 'family proceedings', and therefore not covered by Civil Procedure Rules 1998 (se e r.2.1(2)), or does a family case somehow metamorphose into a civil case covered by the 1998 rules on or before the filing of a notice of appeal? The answer is a tentative yes to the second question, since family proceedings are proceedings assigned to the Family Division; and that division does not include the Court of Appeal.However, the important thing to watch is that this change in the character of family proceedings may be held to occur, in some strange metaphysical way, before filing of the notice of appeal.

If this is right then the time for filing a notice of appeal is two weeks (what lawyers call 14 days: Civil Procedure Rules 1998 52.4(2)(b)); whereas, presumably, if family proceedings remain family proceedings up till the filing of the notice of appeal, the time limit would remain as under Order 59, namely four weeks.COSTS LIMITATIONS ON LEGAL AID CERTIFICATESIt has always seemed to me that the Legal Aid Board's (LAB's) introduction of costs limitations was outside its powers under the regulations.

Now I may have to put my money where my mouth has been.

I have been assessed by the LAB to be paid £5,000 -- and not a penny more -- for a bill of £6,000-plus.The LAB says Civil Legal Aid (General) Regulations 1989 reg 46(1), which enables it to limit the scope of a certificate, enables it also to limit what we get paid.

I thought legal aid assessment -- whether by court or LAB -- did that.I say the board is straining the language by its interpretation of the regulations.

Let us see what a High Court judge thinks.

Anyone wanting further news, or who has suffered as I am now suffering, let me know.

And if anyone thinks it serves me right: just wait, but perhaps don't hold your breath .

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