NCDR
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NA v LA [2024] EWFC 11324 May 2024
Nicholas Allen KC sitting as a Deputy High Court Judge. A ‘paradigm’ case for the court to exercise its new powers under FPR 3.4 to stay proceedings for the parties to engage in NCDR.
- Cases
- Stay of Proceedings
- NCDR
Revised Finance Pre-Action Protocol
On 29 April 2024 important changes were made to FPR Part 3 and Part 28 to promote non-court dispute resolution (NCDR). To support these changes the pre-action protocol (PAP) annexed to FPR PD 9A has also been updated.
- Blog
- NCDR
!30/05/2024 09:31
D(R) Day: Today’s Changes to FPR Parts 3 and 28
FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.
- Blog
- NCDR
- Family Procedure Rules
!29/04/2024 07:00
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Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024
Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.
- Cases
- Mediation
- NCDR
- Family Procedure Rules
- Alternative Dispute Resolution
Watch | The new FPR provisions on NCDR. Fresh carrot, Bigger stick (but no mandation)16 February 2024
Watch the recording of 'The New FPR Provisions on NCDR. Fresh Carrot, Bigger Stick (But No Mandation)' with speakers: HH Stephen Wildblood KC, 3PB; Nicholas Allen KC, 29 Bedford Row; Martin Kingerley KC, 36 Group; Rhys Taylor, 36 Group; Graeme Fraser, BBS Law & Karen Barham, Moore Barlow.
- Watch
- NCDR
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
- NCDR
- Out of Court Dispute Resolution Options
!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
- NCDR
- Out of Court Dispute Resolution Options
!07/12/2023 18:27