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Fresh Carrot, Bigger Stick: Forthcoming Rule Changes and the ‘Encouragement’ of NCDR
FPR Part 3 has historically been underused. This is strange given that FPR 1.4 provides that the court ‘must further the overriding objective by actively managing cases’ and FPR 1.4(2)(f) states that active case management includes ‘encouraging the parties to use a non-court dispute resolution’, or ‘NCDR’, ‘procedure if the court considers that appropriate and facilitating the use of such procedure.’
- Blog
- Blog
- Out of Court Dispute Resolution Options
- NCDR
!03/01/2024 13:22
Tectonic Developments for Non-Court Dispute Resolution in the Family Court? The Family Procedure (Amendment No. 2) Rules 2023/1324
On 29 November 2023, the Court of Appeal decided Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. It held that a whole generation of lawyers and judges had misunderstood Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, which had previously been understood to be binding authority for the proposition that the court cannot compel parties to engage in mediation.
- Blog
- Blog
- Out of Court Dispute Resolution Options
- NCDR
!07/12/2023 18:27
Two Important Cases in One Day: Churchill v Merthyr Tydfil and TUI v Griffiths
As the old saying goes, you wait ages for a London bus; then two arrive at once: Griffiths & Churchill.
- Blog
- Blog
- Out of Court Dispute Resolution Options
- Experts
!30/11/2023 17:15
Reflections on the Recent Announcement by the Law Commission of a Review of Financial Remedies Law
On 4 April 2023 the Law Commission announced a ‘review of the laws which determine how finances are divided among couples after divorce’, targeted at producing a ‘scoping report’ in September 2024. The announcement carried an explanation of the task and the likely timetable.
- Journal
- Blog
- Standard Family Orders
!03/07/2023 08:00
The Revised Standard Family Court Orders – In with the New
The standard orders project has a long history. The then President (Sir James Munby) first appointed a drafting group in 2013 under the leadership of Mostyn J to produce a comprehensive set of orders that it was intended would become mandatory in the Family Court and the Family Division…
- Journal
- Blog
- Standard Family Orders
!18/05/2023 04:37
Time to have your say!
The early resolution of private family law arrangements consultation is currently open for comments until 25 May 2023. It is an important opportunity to respond to possible rule changes to aid promotion of early and out of court resolution in money and private law children cases.
- Blog
- Blog
- MIAMs
- Out of Court Dispute Resolution Options
- Family Procedure Rules
!05/04/2023 09:20
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