V v W

V v W

PD9A para 6.2 operates as an absolute bar to disclosure of FDR materials for use in civil proceedings; the without prejudice rule does not prevent disclosure of post-FDR negotiation documents, but permission is required and the applicant failed to demonstrate necessity for fair disposal of the civil proceedings at this stage.

Parties
Applicant: V (Mr V); Respondent: W (Ms W)
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Family Court Financial Remedy / Ruling on Disclosure Application and Related Procedural Matters
Outcome
Application for disclosure of FDR documents dismissed; application for disclosure of post-FDR negotiation documents adjourned with liberty to restore.
Legal Topics
Disclosure, Without Prejudice Rule, Financial Remedy, Practice Directions, Variation of Orders
Family Law Civil Procedure Disclosure Without Prejudice Rule Financial Remedy Practice Directions Variation of Orders

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Parties

V (Mr V)

Applicant

W (Ms W)

Respondent

Procedural Posture

Family Court Financial Remedy / Ruling on Disclosure Application and Related Procedural Matters

Legal Issues

  1. 1 Whether documents from FDR and without prejudice negotiations can be disclosed for use in civil proceedings
  2. 2 Interpretation and application of PD9A para 6.2 regarding FDR confidentiality
  3. 3 Application of the without prejudice rule to post-FDR negotiations

Ratio Decidendi

PD9A para 6.2 operates as an absolute bar to disclosure of FDR materials for use in civil proceedings; the without prejudice rule does not prevent disclosure of post-FDR negotiation documents, but permission is required and the applicant failed to demonstrate necessity for fair disposal of the civil proceedings at this stage.

Court Disposition

Application for disclosure of FDR documents dismissed; application for disclosure of post-FDR negotiation documents adjourned with liberty to restore.

Orders

  • Application for disclosure of documents in classes (i) to (vi) dismissed.
  • Application for disclosure of documents in classes (vii) and (viii) adjourned with liberty to restore after civil proceedings on amended pleadings.