Until now, the general approach has been that a company cannot claim privilege against its own...
An FDR hearing is usually the second Court hearing during Financial Remedy Proceedings.
It typically takes place some months after the First Directions Appointment (FDA) hearing.
At the FDR Hearing, both parties are given the opportunity to reach a voluntary settlement. It is an opportunity to have a Without Prejudice negotiation, with the assistance of a Family Court Judge giving their views and appraisal of the case.
Both parties legal representatives will make submission to the Judge as to their clients position. The Judge will listed to both parties submissions and the Judge will give an “indication” of their view.
The Judge’s indication is not binding on the parties but it assists them with their negotiations and helps give them focus as to what the Judge thinks is fair.
After listening to the Judge’s indication, the parties then have an opportunity to continue negotiating to try and reach an agreement by consent.
If an agreement is reached at the FDR hearing, the legal representatives will draft a Consent Order detailing the terms that have been agreed. This will then be signed by all parties and approved by the Judge.
However, if the matter cannot be settled, then the next stage is a Final Hearing.
The Judge at the Final Hearing will be a different Judge to the one at the FDR, meaning that the Final Hearing Judge will not be aware of the indication that was made. This allows the new Judge to hear all the evidence fresh for the first time.
Any offers made at the FDR are ‘Without Prejudice’ meaning that they will not be on the court record at the next hearing and the next Judge will not be aware of them.
Typically setting a case at an FDR Hearing will save further legal costs from being incurred and avoids the risk of a decision being imposed upon parties at a Final Hearing.
If you would like any further information or advice in relation to divorce proceedings, financial remedy proceedings or family court proceedings, please contact our specialist family lawyers based in Wolverhampton, Cradley Heath and Sutton Coldfield. We serve clients across the West Midlands and Birmingham. You can call 01902 328 355 to speak to one of our family lawyers.