There comes a point when there has to be clear advice to the client that absent any soundly based dispute of fact, the FDR should be the final hearing, urges District Judge Howard Kemp
As someone who was in practice when the then ancillary relief procedure became more structured with the introduction of the Form E and the defined nature of the first appointment and financial dispute resolution hearing, I feel qualified to say categorically that for once, in relation to substantive financial applications, it was not better in the old days.
It was not unusual for ancillary relief applications to drag on for years as arguments persisted between parties on issues around disclosure and ultimately the filing of a certificate of readiness for trial.
The idea was that at some given point when everything was finally &lsqu...
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