Legal News

The global pandemic presents an unprecedented challenge for everyone and can place a lot of uncertainty on those subject to Financial Remedy proceedings.

Since the government lockdown, guidance has been published for Financial Remedies Court judges in order to protect everyone in this public health emergency. The guidance is clear in stating that the current problems have resulted in the urgent need to move to a default position of remote hearings.

In an earlier article, we informed you that parties are being encouraged to adopt the following approach:

• At the First Directions Appointments Hearing (first hearing in financial proceedings) parties are being urged to use the “accelerated” paper-only procedure where possible. This would involve parties agreeing set directions with the view of sending an Order for the Judge’s approval, without the need of a telephone hearing.
  This could save time and money for both parties.


• At the Financial Dispute Resolution (FDR) hearing (second hearing in financial proceedings) parties are being encouraged to attend this hearing by appointing a private judge, thereby referring to it as a ‘private’ FDR.

What is a FDR?

The FDR is a key stage of financial proceedings and is the hearing where most cases are likely to settle. At this point, the court should have all outstanding information from parties and a judge should be able to provide an indication as to how the matter should settle.

What is a ‘private FDR’?

This involves parties paying for a financial remedy specialist, usually a highly experienced barrister, solicitor or a retired judge to act as a private FDR judge.

This would usual take place at a solicitors’ office or barristers’ chambers, at a date and time convenient for all parties. However, given the current situation, this would be done remotely (online video calls, telephone etc.).


Why choose to have a private FDR?

The appointed judge will set aside the whole day to deal with your case only, with the view of maximising the chances of reaching a settlement.

This can be appealing to those who do not wish to incur extensive fees and hope to settle matters without progressing to a final hearing.
If the matter was listed with parties having to attend court, the judge’s listing will include several other matters that he/she must deal with on the same day. They would be required to engage and focus on a number of other cases that may involve complex issues.

The cost of the private FDR would usually be split between the parties and usually can be arranged faster than a court listing. It removes the pressures of court attendance and there is some freedom to discuss and agree the process and streamline the process.

Private FDRs have a more ‘personal’ approach to financial remedy cases as parties are able to appoint their chosen private Judge, confirm their preferred date and time for the hearing and stay assured that the Judge’s focus is on their case only.


For any assistance in relation to your Financial Remedy proceedings, please do not hesitate to contact the author, Henna Sajid, a family and child care solicitor based in our Birmingham office.

Henna works under the supervision of director Krina Parmar.

Contact Henna on 0207 2752556 or at hennas@duncanlewis.com

Contact Krina on 0207 2752553 or at krinap@duncanlewis.com



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The team has extensive expertise representing vulnerable clients under legal aid, supporting families in care proceedings. Guardians appoint the team to represent children in culturally complex care cases given the firm’s diverse ethnic workforce and experience dealing with vulnerable clients in physical and emotional abuse, drug or alcohol misuse, neglect, factitious illness, rare illness and non-accidental injury matters.

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