Evidence and disclosure

Q&As

The respondent to financial remedy proceedings, who resides in the US, has been personally served with the application but has not responded nor complied with the standard directions, including as to the filing of a Form E. What further steps can be taken to progress the matter and what orders should be sought at the first appointment?

Where a party fails to engage in financial remedy proceedings (whether or not they are resident abroad) and the court is satisfied that service has...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Practice notes

Public children—interaction between criminal and care proceedings

Practitioners dealing with care proceedings where there are concurrent or imminent criminal proceedings need to be prepared to deal with a number of...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 17th Jan

Practice notes

Evidential issues for the final hearing of an application for a financial remedy

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

Practice notes

Disclosure or inspection orders in relation to non-parties

BackgroundThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) do not contain a procedure for inspection (formerly production) appointments, as...

Produced in partnership with David Salter 17th Jan

Practice notes

Evidence in private law children proceedings

Note that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the potential manipulation of forensic...

17th Jan

Practice notes

Evidence in public children proceedings

This Practice Note deals with evidence in public children proceedings including admissibility, credibility, competence and compellability. It also...

17th Jan

Practice notes

Instructing a forensic accountant in family proceedings

It is commonly the case that where in financial remedy proceedings one of the assets is an interest in a limited company, the court will direct a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan

Practice notes

Calderbank offers in family proceedings

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...

17th Jan

Practice notes

Effects of non-disclosure in financial proceedings

This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to...

17th Jan

Practice notes

Scientific (DNA) tests within family proceedings

Under Part III of the Family Law Reform Act 1969 (FLRA 1969), in civil proceedings in which the parentage of any person falls to be determined, the...

17th Jan

Practice notes

Privilege in financial remedy proceedings

In financial proceedings there is an ongoing duty to provide full, frank, and clear disclosure. Such disclosure includes all material facts, documents...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan

Practice notes

The duty of disclosure in financial proceedings

This Practice Note provides guidance on the ongoing duty of full and frank disclosure in financial proceedings, together with the possible...

17th Jan

Practice notes

Procedural aspects of disclosure in financial proceedings

There is an ongoing duty of full and frank disclosure in financial proceedings. Such disclosure includes all material facts, documents and other...

17th Jan

Practice notes

Witness evidence in family proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan

Practice notes

Preparation of court bundles in family proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

17th Jan

COVID-19

Q&As

Can information in a Form E be disclosed to a third party’s solicitors regarding proceedings that are unrelated to the financial remedy proceedings?

Case studyIn financial remedy proceedings Form Es have been exchanged. The husband is engaged in civil litigation with the wife's step-father. The...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are those costs apportioned between the parties, eg are they shared equally if the costs of the expert report are to be paid equally or does the party raising the questions pay?

The rules relating to the instruction of experts in financial remedy proceedings are to be found in the Family Procedure Rules 2010 (FPR 2010), SI...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

Q&As

Does the decision in Imerman v Tchenguiz apply to other types of proceedings, or just in relation to financial disclosure? For example, would Imerman apply where a party accesses emails that they believe provide evidence of their spouse’s adultery?

AdulteryIn relation to a divorce in which a party wishes to rely on adultery, in the absence of an admission by the respondent, the adultery must be...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

In private children proceedings, a report under section 37 of the Children Act 1989 is to be sought, however, one of the parents has made a successful complaint against the local authority (LA) in question, perceives bias and does not wish that the LA prepare the report. Can the report be prepared by someone other than the LA, for example the Children and Family Court Advisory and Support Service, an independent social worker or another LA?

This responds considers who can prepare a report directed under section 37 of the Children Act 1989 (ChA 1989).ChA 1989, s 37 provides that where, in...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

To what extent can witness evidence in financial remedy proceedings, comprising witness statements, be shared with experts, other witnesses to the proceedings and other witnesses who are not parties to the proceedings?

There will be a difference in approach by the courts to the release of documents such as a witness statement according to whether a hearing is in...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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