FDR Appointment Must Remain Confidential
XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution appointment at which they were appointed. This was prohibited by the Rules, and there were substantial other difficulties.
Held: The order was refused. It was not open to the court to say that the Rules were wrong, and: ‘It is important to remember that the FDR is entirely a creature of statute, being part of the statutory process for dealing with . . financial remedy proceedings brought under the Matrimonial Causes Act 1973 . . the FDR is compulsory and both parties must personally attend: the parties cannot themselves contract out of it . . The other is the obligation on the parties to hold nothing back at the FDR and, indeed, to put forward their best offers. Moreover, it is fundamental that the FDR is a confidential process, differing from other types of family hearings in two significant respects: first, journalists are not permitted to attend the FDR: FPR 27.11(1)(a); secondly, the judge hearing the FDR must have no further involvement with the case: FPR 9.17(2).’
Sir James Munby
[2020] EWFC 84
Bailii
Family Procedure Rules
England and Wales
Citing:
Cited – Myerson v Myerson CA 11-Dec-2008
In an ancillary relief application, the court having once made its determination by way of a consent order, could itself re-open the case to look as part of the same proceedings at matters which the parties had been subsequently unable to resolve. . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Re D (Minors) (Conciliation: Disclosure of Information) CA 1993
The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status.
Held: Sir Thomas Bingham MR described the practice in family concilations: ‘The . .
Cited – Hammerton v Hammerton CA 23-Mar-2007
The husband appealed against his committal for contempt of a court order in family proceedings. The court had heard the wife’s application for his committal at the same time as his application for contact with the children.
Held: The appeal . .
Cited – Ramet, Re Application for The Committal To Prison FD 22-Jan-2014
Whilst the judge was delivering her judgment in a child custody dispute the father physically attacked the mother across the well of the court, and a court clerk who came to assist her. He now faced contempt proceedings after being sentenced to . .
Cited – In re NY (A Child) (Reunite International and others intervening) SC 30-Oct-2019
The father had applied for a summary order requiring the return of the daughter to Israel. . .
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited – CB v EB FC 16-Nov-2020
Exceptional circumstances to support application to vary financial remedies order made on divorce. . .
Cited – CB v EB FC 16-Nov-2020
Exceptional circumstances to support application to vary financial remedies order made on divorce. . .
Cited – Re A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Cited – Revenue and Customs v Charman and Another FD 29-May-2012
The parties had fought and had decided their financial relief following the divorce. The revenue now applied for disclosure of the transcripts so as to settle a tax dispute with the husband.
Held: The application failed: ‘Paraphrasing the law . .
Cited – S v S (Inland Revenue: Tax Evasion) FD 1997
Disclosure of Ancillary Relief Papers to HMRC
Wilson J considered disclosure of materials filed in the course of matrimonial proceedings to the Inland Revenue: ‘Under both r 10.15(6) and r 10.20(3) I have a discretion. In the light of the authorities I propose to exercise it by reference to the . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 09 November 2021; Ref: scu.656544