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ARTICLE · 21 OCTOBER 2024

No Bypassing Of Financial Dispute Resolution Procedures

The High Court heard an appeal against interim orders, one of which dispense with Financial Dispute Resolution (FDR) and proceed straight to a final hearing.

United KingdomLitigation, Mediation & Arbitration

The High Court heard an appeal against interim orders, one of which dispense with Financial Dispute Resolution (FDR) and proceed straight to a final hearing.

Background:

Various interim orders have been made in the course of financial remedy proceedings between a Wife and Husband. One of those orders was to dispense with a Financial Dispute Resolution ("FDR") and proceed straight to a final hearing, which has not yet taken place. The judge seemed to have taken the view that the FDR should have been dispensed with for two reasons: there had been an ongoing factual dispute about the wife's earning capacity; and the wife's position had not crystallised so as to enable the FDR process to be successful. One party appealed the decision.

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