Myerson v Myerson

Myerson v Myerson

Rule 2.61E(2) of the Family Proceedings Rules 1991 prohibits the FDR judge from further involvement with the application for ancillary relief after making a consent order, except as specified. This is to preserve the confidentiality of without prejudice communications and maintain public confidence in the process....

Source-derived case information.

Parties
Appellant: Brian Alan Myerson; Respondent: Ingrid Diane Myerson
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Appeal / Judgment on Appeal From a Family Division Judge Regarding Post FDR Judicial Involvement
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, FDR Judge Recusal, Without Prejudice Rule, Interpretation of Family Proceedings Rules
Family Law Civil Procedure Ancillary Relief FDR Judge Recusal Without Prejudice Rule Interpretation of Family Proceedings Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brian Alan Myerson

Appellant

Ingrid Diane Myerson

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Family Division Judge Regarding Post FDR Judicial Involvement

Legal Issues

  1. 1 Whether a judge who has conducted a Financial Dispute Resolution (FDR) appointment and made a consent order can subsequently determine unresolved or consequential issues between the parties
  2. 2 Interpretation of rule 2.61E(2) of the Family Proceedings Rules 1991 regarding further involvement of the FDR judge

Ratio Decidendi

Rule 2.61E(2) of the Family Proceedings Rules 1991 prohibits the FDR judge from further involvement with the application for ancillary relief after making a consent order, except as specified. This is to preserve the confidentiality of without prejudice communications and maintain public confidence in the process. Any unresolved or consequential issues must be determined by a different judge.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the FDR judge (Baron J) is prohibited from further involvement in the application for ancillary relief except as permitted by rule 2.61E(2).
  • Outstanding issues are to be listed before a different judge.