X v Y

X v Y

The court expects parties in family financial remedy proceedings to make a serious effort to resolve disputes through non-court dispute resolution before and during litigation. In this case, the parties' failure to attempt such resolution prior to issuing proceedings was unjustified. Directions were made to facilitate non-court dispute resolution before the final hearing, with litigation steps paused to encourage meaningful engagement.

Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Financial Remedy Proceedings / Pre Hearing Review
Outcome
Directions given to facilitate non-court dispute resolution prior to final hearing; parties to report outcome by mid-March 2024.
Legal Topics
Financial Remedy, Non Court Dispute Resolution, Case Management, Costs
Family Law Financial Remedy Non Court Dispute Resolution Case Management Costs

Case Brief

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Financial Remedy Proceedings / Pre Hearing Review

Legal Issues

  1. 1 Whether parties should be encouraged or compelled to engage in non-court dispute resolution in family financial remedy proceedings
  2. 2 Appropriateness of adjournment to facilitate non-court dispute resolution
  3. 3 Impact of forthcoming Family Procedure Rules changes on court powers

Ratio Decidendi

The court expects parties in family financial remedy proceedings to make a serious effort to resolve disputes through non-court dispute resolution before and during litigation. In this case, the parties' failure to attempt such resolution prior to issuing proceedings was unjustified. Directions were made to facilitate non-court dispute resolution before the final hearing, with litigation steps paused to encourage meaningful engagement.

Court Disposition

Directions given to facilitate non-court dispute resolution prior to final hearing; parties to report outcome by mid-March 2024.

Orders

  • Directions for valuations and litigation steps paused until mid-March 2024 to allow for non-court dispute resolution.
  • Parties to inform the court by mid-March 2024 whether the dispute has been resolved or issues narrowed.