AS v CS (Private FDR)

AS v CS (Private FDR)

A party cannot unilaterally adjourn a private FDR ordered by the court; absent agreement or a properly constituted application, the FDR must proceed as ordered.

Parties
Applicant (husband): AS; Respondent (wife): CS
Jurisdiction
England and Wales
Judgment Date
19 April 2021
Procedural Posture
Family / Interlocutory Application
Outcome
Application to convert directions hearing into in-court FDR refused; order for private FDR on 3 March 2021 confirmed.
Legal Topics
Private FDR, Case Management, Adjournment Procedure
Family Law Private FDR Case Management Adjournment Procedure

Case Brief

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Parties

AS

Applicant (husband)

CS

Respondent (wife)

Procedural Posture

Family / Interlocutory Application

Legal Issues

  1. 1 Whether a party may unilaterally adjourn a private FDR
  2. 2 Whether the directions hearing should be converted into an in-court FDR
  3. 3 Compliance with court orders regarding private FDRs

Ratio Decidendi

A party cannot unilaterally adjourn a private FDR ordered by the court; absent agreement or a properly constituted application, the FDR must proceed as ordered.

Court Disposition

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

Orders

  • Private FDR before Sir David Bodey on 3 March 2021 shall take place.
  • Adjournment of private FDR requires a properly constituted application to the court.