AS v CS (Private FDR) [2021] EWFC 34 (19 April 2021)

AS v CS (Private FDR) [2021] EWFC 34 (19 April 2021)

A party cannot unilaterally cancel or adjourn a court-ordered private FDR; any adjournment must be sought by proper application to the court. The existing order for the private FDR stands unless and until the court orders otherwise.

Citation
[2021] EWFC 34
Parties
Applicant (husband): AS; Respondent (wife): CS
Jurisdiction
England and Wales
Judgment Date
19 April 2021
Procedural Posture
Family Financial Remedy Proceedings / Interlocutory Application Regarding FDR Scheduling
Outcome
Application to convert directions hearing into in-court FDR refused; order for private FDR on 3 March 2021 confirmed.
Legal Topics
Financial Dispute Resolution, Private FDR, Case Management, Adjournment of Hearings
Family Law Financial Dispute Resolution Private FDR Case Management Adjournment of Hearings

Case Brief

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Parties

AS

Applicant (husband)

CS

Respondent (wife)

Procedural Posture

Family Financial Remedy Proceedings / Interlocutory Application Regarding FDR Scheduling

Legal Issues

  1. 1 Whether a party can unilaterally cancel a court-ordered private FDR
  2. 2 Whether the directions hearing should be converted into an in-court FDR
  3. 3 Proper procedure for seeking adjournment of a private FDR

Ratio Decidendi

A party cannot unilaterally cancel or adjourn a court-ordered private FDR; any adjournment must be sought by proper application to the court. The existing order for the private FDR stands unless and until the court orders otherwise.

Court Disposition

Application to convert directions hearing into in-court FDR refused; order for private FDR on 3 March 2021 confirmed.

Orders

  • The private FDR before Sir David Bodey fixed for 3 March 2021 shall take place.
  • If the respondent seeks an adjournment, she must apply to the court in proper form; such application will be listed for hearing if necessary.