Q&As

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 08/03/2018

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?
  • Schedules of deficiencies and requests for further information
  • Bundles
  • Summary

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?

Schedules of deficiencies and requests for further information

Technically, it may be argued that a true schedule of deficiencies is not a request for ‘further’ documentation, merely an attempt to compel compliance with the existing order made at the first directions appointment (FDA) for the giving of information and documents pursuant to a questionnaire, which will have been scrutinised and approved by the court.

Guidance as to how and when to raise schedules of deficiencies / further questions, and whether to request the attachment of a penal notice to the FDA order to compel compliance, is dealt with in Practice Note: Preparation for the financial dispute resolution appointment.

Requests for ‘further documents’ after the FDA prior to the financial dispute resolution (FDR) are dealt with specifically in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.16. There is no relevant provision in the corresponding practice direction.

FPR 2010, SI 2010/2955, 9.16 provides as follows:

‘9.16 After the first

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