Sometimes an injunction is made before the person affected by it is told. Generally the court will only make directions to get the matter ready for a trial or orders that are agreed. ReviewĪ hearing to see how things are going. Pre-Hearing Review / Pre-Trial Review (PTR / PHR)Ī short hearing in the run up to a trial / final hearing to make sure everything is ready for the trial to go ahead. If it can’t be agreed that judge will drop out of the case and a trial will be listed. The judge will allow time for both parties to negotiate having heard her advice and will encourage the matter to be agreed. Once disclosure is complete the court will hear a summary of the parties positions and will give guidance as to what the likely outcome would be at trial and as to how reasonable each party’s position is. Financial Dispute Resolution Appointment / Hearing (FDR) If it cannot be resolved the judge will usually fix the case for a final hearing. The court will identify and hopefully narrow the issues, and will try and encourage the parties to resolve the matter. This refers to a subsequent hearing in a children matter, usually after receipt of a further piece of information such as a report from CAFCASS. Dispute Resolution Appointment / Hearing (DRA) The court will consider whether or not further directions are needed, such as a report from CAFCASS. No evidence is necessary or permitted at a FHDRA and the court will usually only make orders about contact by agreement or to confirm the status quo. A CAFCASS Officer may be present and may attempt to help you reach agreement. This refers to the first hearing in connection with an application about children (for example a dispute about where children should live), at which the court will consider preliminary safeguarding checks on the family and will attempt to resolve the matter or identify the range of dispute if this is not possible. First Hearing Dispute Resolution Appointment (FHDRA) If appropriate the court may treat the hearing as a FDR (see below). The court will consider whether there is any outstanding information needed (for example a valuation on your home or pension) or if the case is ready for you to move towards attempting to resolve it by agreement. First Directions Appointment (FDA)Ī FDA generally refers to the first hearing in connection with a financial dispute on divorce, before which both you and your ex should have sent each other and the court your completed Form E Financial disclosure. The court might make directions setting a date for you to submit your evidence for example. ![]() This is generally a short hearing to sort out procedural and practical matters and to get the case ready for a hearing where a full decision will be made. Directions hearing / Case Management Hearing / Case Management Conference (CMC / CMH) Court hearings should proceed on the basis that everyone, including the judge, has seen all the paperwork relied upon by any party in advance. Sometimes a judge will need to postpone dealing with some issues and just deal with part of the dispute at one hearing, perhaps because some information is missing or there isn’t time. We’ve used the term “Judge” below to refer to both Judges and Magistrates.Īt every hearing all parties should be given a chance to have their say (be patient, usually judges will organise things so you take turns) before any decisions are made, but the judge will need to refocus everyone on the things s/he needs to hear about in order to make a decision in order to get through the case. Some hearings will be dealt with by a panel of 3 Magistrates (sometimes 2) assisted by a Legal Adviser, others by judges (legally qualified). You could also read Practice Direction 12B “The Child Arrangements Programme” which sets out the process for disputes within families about arrangements for children in more detail, and Part 9 of the Family Procedure Rules for financial cases (although this might be a bit more difficult to follow). We’ve prepared some flowcharts for children and financial cases that will give you a rough idea of where each hearing might fit into the overall process although every case is different ( See also I don’t understand how courts work). ![]() There are different types of hearing which are explained and listed below, but the court will adapt the hearing format depending on what the case requires. If the hearing is the first hearing it is likely that the court will be focussing on identifying the issues in dispute and working out what steps need to be taken before a final decision can be reached – the court does not always resolve thing at the first hearing although this is possible if matters are agreed.
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