Financial Remedy Matters and Current Issues in Judicial Resources Compliance
Financial Remedy Matters pertaining to Judge Gordon-Saker and FRC Lead Judge for NES BCH in March 2023. Current issues include compliance with rules and court timetables, use of useful resources like Advicenow.org for LIPs, and guidelines for the First Appointment Notice to save costs and resolve disputes efficiently.
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FINANCIAL REMEDY MATTERS JUDGE GORDON-SAKER FRC LEAD JUDGE FOR NES BCH MARCH 2023
CURRENT ISSUES THE PORTAL QUALIFIED LEGAL REPRESENTATIVES AND THE DOMESTIC ABUSE ACT JUDICIAL RESOURCES LISTING COMPLIANCE WITH RULES AND COURT TIMETABLE
USEFUL RESOURCES Advicenow.org for LIPs The statement of efficient conduct and primary principles The First Appointment Notice attached to the Form C (on the following slides) NES BCH Practice Note (March 2023 update circulated with the notes for today)
FIRST APPOINTMENT NOTICE Additional information about the First Appointment The first appointment will be conducted with the objective of defining the issues and saving costs. Both parties must attend the hearing. In many cases, it should be possible to treat the First Appointment as a Financial Dispute Resolution Appointment (FDR) if the Family Procedure Rules, the Statement of Efficient Conduct and Primary Principles are followed in good time and the parties are fully prepared. Legal costs and court time can also be saved by using the accelerated procedure. See the 4thschedule of https://www.judiciary.uk/wp-content/uploads/2019/11/FRC-Good-Practice-Protocol-November-2019.pdf. Draft orders are unlikely to be approved if they are not accompanied by the required First Appointment documents. You must comply with the timetable set out by the court. The court can impose sanctions and make costs orders if court orders and the Rules are not complied with. Unrepresented parties may find assistance on https://www.advicenow.org.uk
All documents sent to the court must also be sent to the other party (filed and served ). You should keep copies of all documents for your own use. The Form E must be fully completed and not refer to attachments. For example, in Section 3.1.1, you must set out your income needs and not write see attached . As from 1stFebruary 2023, if both parties are represented, the portal must be used. The bundle for each hearing must comply with the Family Procedure Rules PD27A and the guidance on e-bundles and it must be uploaded to the portal 7 days before the First Appointment. In a non portal case, the bundle must be filed electronically with the court 7 days before hearing. The case number and date of hearing must be set out in the subject box of any email to the court.
The bundle should contain:- Form Es without attachments. 1. Forms ES1 (to include information normally in the chronology and statement of issues and the availability of the conducting advocate for the FDR), and ES2. 2. Questionnaires (not more than 4 pages A4 and relevant to the issues). 3. Any Part 25 applications with supporting statements (and submissions if opposed). 4. Form G. 5. Form H. 6. A draft order in word format. 7. Failure to file the bundle electronically as directed above may mean that the hearing is adjourned. If both parties are self-representing it is acceptable for the documents 1- 6 to be sent to the court as paper copies at least 7 days before the hearing. The case number and date of hearing must be clearly set out in the covering letter. Parties should bring to court a copy for their own use. All parties must assist the court in narrowing and resolving the issues.
CASE MANAGEMENT TABLES These useful tables are from the Financial Remedies Journal https://financialremediesjournal.com/content/case-management-tables-aide- memoire.eed9d2d141bb4324899f8f4247a65005.htm?mc_cid=a227bba3be&mc_eid=df2f827212
