District Judges Ashworth and Molineaux together with a working party of local practitioners have published draft orders for use in all local courts where remote hearings are planned.

The drafts cover FDAs, FDRs, Directions for Final Hearing and the Template for Remote Hearings in Financial Remedy cases.  They are set out below.

___________________________

FDA

In the Family Court sitting in the ………….                                                            No.

ORDER MADE BY DISTRICT JUDGE                                                 ON                                              2020

 

Upon the court of its own motion making the following order in view of current national public health emergency

And upon the court considering the guidance issued by Mr Justice Mostyn on 17 March 2020 as National Lead Judge of the Financial Remedies Courts and the National Guidance for the Family Court issued by the President of the Family Division and Head of Family Justice on 19 March 2020

And upon the guidance stating that physical hearings should only take place if absolutely unavoidable and the default position is that all hearings should be conducted remotely

And upon this matter currently being listed for First Appointment on xx March 2020 (“the original date of the hearing”)

 

IT IS ORDERED THAT:

  1. Until further order all hearings in this matter shall take place by way of remote hearing pursuant to FPR 2010 r4.1(e) or paper hearing unless the court directs otherwise; accordingly, the parties and their legal representatives shall not attend in person at the [insert Court] on the day of the hearing.
  2. No unauthorised person may be present at any hearing. When asked, each party and legal representative must be able to confirm that no unauthorised person is in attendance or able to listen to the hearing;
  3. The First Appointment listed on xx March 2020 is hereby vacated and shall be listed for a remote hearing on [FOD after 28 days], with a time estimate of 30minutes;
  4. The parties are reminded of the accelerated First Appointment procedure set out in the fourth schedule to the Financial Remedies Court Good Practice Protocol (copy attached);
  5. The parties are encouraged to adopt the accelerated procedure wherever practicable and the time to lodge all relevant documents with the court shall be extended until 28 days after the original date of the hearing;
  6. At the remote mention hearing, directions shall be given as to the future listing of the First Appointment, arrangements for future attendance by alternative means, including telephone, Skype for Business or such other HMCTS approved provider and the provision of electronic bundles where necessary.
    1. The hearing will be a remote hearing conducted by way of telephone or Skype for Business;
    2. Any party who considers that the requirements of fairness and justice require the parties’ physical attendance and/or that of their legal representatives, if any, shall write to the court explaining the need for personal attendance by no later than 3 clear days before the hearing.
    3. The parties shall exchange and lodge, by 11 am on the day before the Mention Hearing, a draft directions order and Position Statement;
    4. The parties are invited jointly to request that the court conduct the Mention hearing and give directions in respect of any disputed issues by way of a paper hearing without any attendance by telephone being required;
    5. The hearing shall be vacated in the event that the parties agree the directions and they are approved by the court.
    6. All documents shall be lodged with the court by email save in exceptional circumstances;
    7. Any email sent to the court concerning the case shall contain, in the subject line, the case name, the case number and the date of the hearing.

Arrangements for remote attendance

  1. Until further notice, the permissible arrangements for remote attendance are by telephone (including BT Conference) or Skype for Business.
  2. Unless the applicant is a litigant in person and the respondent is represented (in which case this shall apply to the respondent), the applicant shall be responsible for arranging the necessary facilities to conduct the remote hearing and shall liaise with the [insert court contact details], providing the necessary dial in details, by 11am on the day before the hearing.
  3. Unless the applicant is a litigant in person and the respondent is represented (in which case this shall apply to the respondent), the applicant shall be responsible for arranging with the court’s listing team (via email: chelmsfordcentrali@justice.gov.uk) the necessary facilities to conduct a remote hearing. This will include provision to the court of the necessary contact details for the parties and their representatives where these are needed to facilitate the remote hearing.
  4. The parties must provide to the court their email and telephone contact details by no later than 11 am on the day before the hearing.
  5. If BT conferencing is not available, the court will contact the parties by telephone at the time listed.
  6. This order having been made of the court’s own motion the parties do have permission to apply for further or other directions.

Contacting the court

  1. Unless the parties are notified to the contrary, the court office may be contacted on [insert court email address] or [telephone number].

 

______________________________________________________________________

FDR

In the Family Court sitting in the …..                                                                   No.

ORDER MADE BY DISTRICT JUDGE                                                 ON                                              2020

 

Upon the court of its own motion making the following order in view of current national health public emergency

And upon the court considering the guidance issued by Mr Justice Mostyn on 17 March 2020 as National Lead Judge of the Financial Remedies Courts and the National Guidance for the Family Court issued by the President of the Family Division and Head of Family Justice on 19 March 2020

And upon the guidance stating that physical hearings should only take place if absolutely unavoidable and the default position is that all hearings should be conducted remotely.

And upon this matter currently being listed for a Financial Dispute Resolution Hearing on xx March 2020.

The parties are encouraged to engage in a Private Financial Dispute Hearing or other alternative dispute resolution where practicable.

IT IS ORDERED THAT:

  1. Until further order, all hearings in this matter shall take place by way of remote hearing pursuant to FPR 2010 r4.1(e) or paper hearing unless the court directs otherwise; accordingly, the parties and their legal representatives shall not attend in person at the [insert Court] on the day of the hearing.
  2. No unauthorised person may be present at any hearing. When asked, each party and legal representative must be able to confirm that no unauthorised person is in attendance or able to listen to the hearing;
  3. The Financial Dispute Resolution Appointment listed on XX 2020 is hereby vacated and shall be listed for a remote Mention hearing on [date after 14.04.20] with a time estimate of 15 minutes.
  4. At that hearing, directions shall be given as to the future listing of the Financial Dispute Resolution Appointment, arrangements for future attendance by alternative means, including telephone, Skype for Business or such other HMCTS approved provider and the provision of electronic bundles.
    1. The hearing will be a remote hearing conducted by way of telephone or Skype for Business;
    2. Any party who considers that the requirements of fairness and justice require the parties’ physical attendance and/or that of their legal representatives, if any, shall write to the court explaining the need for personal attendance by no later than 3 clear days before the hearing.
    3. The parties shall send to the court and to the other party, by 11 am on the day before the Mention Hearing, a draft directions order and Position Statement;
    4. The parties are invited jointly to request that the court conduct the Mention hearing and give directions in respect of any disputed issues by way of a paper hearing without any attendance by telephone being required.
    5. The hearing shall be vacated in the event that the parties agree the directions and they are approved by the court.
    6. All documents shall be lodged with the court by email save in exceptional circumstances;
    7. Any email sent to the court concerning the case shall contain, in the subject line, the case name, the case number and the date of the hearing.

 

  1. Any parties seeking to adjourn by consent to ADR processes: private FDR, arbitration etc. should send in an agreed email order to [insert court email contact address] for the urgent attention of [DJ/CJ xxx] and such request will be given priority.

Arrangements for remote attendance

  1. Until further notice, the permissible arrangements for remote attendance are by telephone (including BT Conference) or Skype for Business.
  2. Unless the applicant is a litigant in person and the respondent is represented (in which case this shall apply to the respondent), the applicant shall be responsible The applicant be responsible for arranging with the court’s listing team (via email: chelmsfordcentrali@justice.gov.uk) the necessary facilities to conduct a remote hearing. This will include provision to the court of the necessary contact details for the parties and their representatives where these are needed to facilitate the remote hearing.
  3. The parties must provide to the court their email and telephone contact details by no later than 11 am on the day before the hearing.
  4. If BT conferencing is not available, the court will contact the parties by telephone at the time listed.
  5. This order having been made of the court’s own motion the parties do have permission to apply for further or other directions.

Contacting the court

  1. Unless the parties are notified to the contrary, the court office may be contacted on [insert email address] or [telephone number].

 

________________________________________________________________________________

 

Directions for Final Hearing

In the Family Court sitting in the …                                                                     No.

ORDER MADE BY DISTRICT JUDGE                                                 ON                                              2020

 

Upon the court of its own motion making the following order in view of current national health public emergency

And upon the court considering the guidance issued by Mr Justice Mostyn on 17 March 2020 as National Lead Judge of the Financial Remedies Courts and the National Guidance for the Family Court issued by the President of the Family Division and Head of Family Justice on 19 March 2020

And upon the guidance stating that physical hearings should only take place if absolutely unavoidable and the default position is that all hearings should be conducted remotely.

And upon this matter currently being listed for a Final Hearing on xx March 2020.

The parties are encouraged to engage in alternative dispute resolution where practicable.

IT IS ORDERED THAT:

  1. Until further order, all hearings in this matter shall take place by way of remote hearing pursuant to FPR 2010 r4.1(e) or paper hearing unless the court directs otherwise; accordingly, the parties and their legal representatives shall not attend in person at the [insert court] on the day of the hearing.
  2. No unauthorised person may be present at any hearing. When asked, each party and legal representative must be able to confirm that no unauthorised person is in attendance or able to listen to the hearing;
  3. The Final Hearing listed on XX 2020 is hereby vacated and shall be listed for a remote Mention hearing on [date after 06.04.20] with a time estimate of 15 minutes.
  4. At that hearing, directions shall be given as to the future listing of the Final Hearing, arrangements for future attendance by alternative means, including telephone, Skype for Business or such other HMCTS approved provider and the provision of electronic bundles.

 

    1. The hearing will be a remote hearing conducted by way of telephone or Skype for Business;
    2. Any party who considers that the requirements of fairness and justice require the parties’ physical attendance and/or that of their legal representatives, if any, shall write to the court explaining the need for personal attendance by no later than 3 clear days before the hearing.
    3. The parties shall send to the court and to the other party, by 11 am on the day before the Mention Hearing, a draft directions order and Position Statement;
    4. The parties are invited jointly to request that the court conduct the Mention hearing and give directions in respect of any disputed issues by way of a paper hearing without any attendance by telephone being required.
    5. The hearing shall be vacated in the event that the parties agree the directions and they are approved by the court.
    6. All documents shall be lodged with the court by email save in exceptional circumstances;
    7. Any email sent to the court concerning the case shall contain, in the subject line, the case name, the case number and the date of the hearing.
  1. Any parties seeking to adjourn by consent to ADR processes: private FDR, arbitration etc. should send in an agreed email order to [insert email address] for the urgent attention of [DJ/CJ xxx] and such request will be given priority.

Arrangements for remote attendance

  1. Until further notice, the permissible arrangements for remote attendance are by telephone (including BT Conference) or Skype for Business.
  2. Unless the applicant is a litigant in person and the respondent is represented (in which case this shall apply to the respondent), the applicant shall be responsible for The applicant be responsible for arranging with the court’s listing team (via email: chelmsfordcentrali@justice.gov.uk) the necessary facilities to conduct a remote hearing. This will include provision to the court of the necessary contact details for the parties and their representatives where these are needed to facilitate the remote hearing.
  3. The parties must provide to the court their email and telephone contact details by no later than 11 am on the day before the hearing.
  4. If BT conferencing is not available, the court will contact the parties by telephone at the time listed.
  5. This order having been made of the court’s own motion the parties do have permission to apply for further or other directions.

 

Contacting the court

  1. Unless the parties are notified to the contrary, the court office may be contacted on [insert court email address] or [telephone number].

 

______________________________________________________________________________

 

Template for Remote Hearings

In the Family Court sitting in the                                                                        No:

 

ORDER MADE BY DISTRICT JUDGE                                                 ON                                              2020

SITTING IN PRIVATE

 

UPON THE COURT determining that in the exceptional circumstances of the current national public health emergency this case is suitable for hearing remotely (“remote hearing”) by means of telephone or Skype

AND UPON THE COURT encouraging the parties to consider alternative means of resolving the issues between them including holding a private Financial Dispute Resolution Appointment.

IT IS ORDERED THAT:-

  1. All hearings in this matter shall take place by way of remote hearing pursuant to FPR 2010 r4.1(e) unless the court directs otherwise.
  2. The parties and their representatives shall attend all hearings by way of telephone/Skype.
  3. No unauthorised person may be present at this hearing. When asked, each legal representative or party, if in person, must be able to confirm that no unauthorised person is in attendance or able to listen to the hearing.
  4. The FDA/FDR hearing listed on 2020 at                                              will now take place by telephone  [ on                                      at                                 with a t/e of                        [in the event it cannot be heard on the original date/time envisaged but can be heard as originally listed on another date/time].
  5. The applicant [unless they are a litigant in person and the respondent is represented in which case it shall be the respondent] shall be responsible for arranging with the court’s listing team (via email: chelmsfordcentrali@justice.gov.uk) the necessary facilities to conduct a remote hearing. This will include provision to the court of the necessary contact details for the parties and their representatives where these are needed to facilitate the remote hearing.
  6. The parties must provide to the court their email and telephone contact details by no later than 11 am on the day before the hearing.
  7. Any parties seeking to adjourn by consent to ADR processes: private FDR, arbitration etc. should send in an agreed email order to [insert local court contact email] for the urgent attention of [DJ/CJ xxxx] and such request will be given priority.
  8. For FDA

At least 2 clear days before the hearing the Parties must each send to the Court and the other           Party by email:

  1. A summary of the contents of their Form E in the form annexed to this order;
  2. A statement of the issues in this case;
  3. A questionnaire;
  4. Forms G and H;
  5. A position statement setting out the orders sought at first hearing.
  1. For FDR

At least 2 clear days before the hearing the Parties must each send to the Court and the other           Party by email:

  1. A summary of the contents of their Form E in the form annexed to this order;
  2. A position statement;
  3. A schedule of assets in this case;
  4. Details of any open or without prejudice offers made, including the date of such offer.
  1. This order is made of the court’s own motion. The parties do have permission to apply for further or other directions.

 

25th March 2020

_____________

ANNEX

SUMMARY OF FINANCIAL INFORMATION FROM PARTIES FORMS E

Party Name:

  1. MARRIAGE DETAILS

       Date of Marriage:

      Date of Separation:

      Date of Divorce Petition:

     Date of Decree Nisi:

     Date of Decree Absolute

 

  1. PERSONAL DETAILS

     Age

     Occupation

     Remarried or cohabiting?

     Intending to remarry or cohabit?

     Health

 

  1. CHILDREN

      Names and ages of any children of the family

      With whom does each child live?

      Does any child have health difficulties? 

      If so give brief details

 

  1. LIVING ARRANGEMENTS

      Where do you live and on what basis?

 

  1. PROPERTY

     Please provide the following information in respect of each property you say

     you have an interest in:-

     Property address

     Names of any other owners

     What you say your interest In the property is?

     What you say the value is

     The amount outstanding on the mortgage

     Allowing for costs of sale of 2.5% of the value the equity

  

  1. BANK ACCOUNTS/SAVINGS

     Please provide details of the following

     Total bank balances

     Value of any Isas/Shares/ or other savings

     Value of any life policy

     Value of any other asset

 

  1. PENSION

     Please provide details of the name of each pension provider and the CE value for the pension

 

  1. DEBT/LIABILITIES

     Please provide details of any debts or liabilities which you have or are likely to  have in the foreseeable future

 

  1. COMPANIES

Please provide details of any shareholdings in private companies or directorships which you hold together with an estimate of the value of the company / shareholding

 

  1. INCOME

     Please provide details of your income from all sources including but not limited to

     Earnings

     Benefits

     Dividends

     Maintenance

     Investment Income

     Rental income

 

  1. OUTGOINGS

     Figure for outgoings in Form E