BC v BC

BC v BC

References in open proposals to a party's conduct or reasons for ending a private FDR, even if not disclosing negotiation content or evaluator's indication, breach the confidentiality and privilege attaching to the FDR process and are impermissible. Only bare factual details (attendance, date, evaluator, duration) may be disclosed; characterisations or criticisms of conduct are not allowed.

Parties
Applicant: BC; Respondent: BC
Jurisdiction
England and Wales
Judgment Date
15 September 2025
Procedural Posture
Financial Remedy Proceedings / Interlocutory Application Regarding Admissibility of Material From Private FDR
Outcome
Application granted
Legal Topics
Financial Remedies, FDR Privilege, Confidentiality in ADR, Private FDR, Disclosure of Negotiation Conduct
Family Law Financial Remedies FDR Privilege Confidentiality in ADR Private FDR Disclosure of Negotiation Conduct

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Parties

BC

Applicant

BC

Respondent

Procedural Posture

Financial Remedy Proceedings / Interlocutory Application Regarding Admissibility of Material From Private FDR

Legal Issues

  1. 1 Whether references to conduct and events at a private FDR can be included in open proposals in financial remedy proceedings
  2. 2 Scope of confidentiality and privilege attaching to FDR and private FDR processes

Ratio Decidendi

References in open proposals to a party's conduct or reasons for ending a private FDR, even if not disclosing negotiation content or evaluator's indication, breach the confidentiality and privilege attaching to the FDR process and are impermissible. Only bare factual details (attendance, date, evaluator, duration) may be disclosed; characterisations or criticisms of conduct are not allowed.

Court Disposition

Application granted

Orders

  • The offending words are to be deleted from the Husband’s open proposal.
  • The amended version should bear the same date as the original offer.