Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Edward Bennett
Edward Bennett
Barrister
Read on
Mr Justice Mostyn on the effect of coronavirus on the financial remedies courts
Date:17 MAR 2020
Third slide

In the light of the guidance this morning from the Lord Chief Justice (see below) I would like to ask all the zone leaders to propose to FRC judges the following measures.

1. First appointments should be done wherever possible using the “accelerated”  paper-only procedure in the fourth schedule to the FRC protocol (https://www.judiciary.uk/wp-content/uploads/2019/11/FRC-Good-Practice-Protocol-November-2019.pdf). The terms of that schedule do not need to be followed strictly; judicial latitude is encouraged. Judges should accept consent orders dealing with first appointments routinely.

2. Parties should be encouraged to have their FDRs done privately. Such private FDRs should routinely be done remotely. Most barristers’ chambers and solicitors’ offices have facilities to enable FDRs to be done remotely.


Article continues below...
Family Law Precedents Service
Family Law Precedents Service
"An essential tool for all family...
£539.99
Family Court Practice, The
Family Court Practice, The
Order the 2019 edition due out in May
£559.99
Family Law Webinars
Family Law Webinars
One hour of training for just £75+VAT. Our 2019...

The default position for other hearings is that they should be done either by Skype (Skype for Business is available on all judicial laptops) or by telephone. The extension of the existing virtual courts project is being actively investigated.

4. Physical hearing should only take place where this is absolutely unavoidable.

5. The physical lodging and handling of documents should be avoided. The use of ebundles should be virtually mandatory. See https://www.judiciary.uk/announcements/financial-remedies-courts-e-bundles-protocol/

6. FRC judges should endeavour to do as much work as they possibly can from home.

Categories:
News