President sets out his vision for national system of Financial Remedies Courts
View from the President’s Chambers (18)
In his 18th View from the President's Chambers, Sir James Munby has set out his vision of what needs to be done in respect of the determination of financial remedies – what he terms the 'Cinderella of family justice'.
The President says that his 'core ambition for financial remedy work is to improve significantly both the application of procedural justice and the delivery of substantive justice'. He considers that procedural justice will be bettered by the appointment of a cadre of specialist judges to the Financial Remedies Court (FRC) and by a process of early allocation of a case to the right judge at the right level at the right place, so as to ensure maximum efficiency. It will be bettered by the application and enforcement of standard directions and interim orders and by ensuring that FDRs (where the majority of cases settle already) are conducted with consistency, with sufficient time being allowed not only for the hearing but also for judicial preparation.
The basic concept of the FRC, which builds on both the Family Court and regionalised Court of Protection models, is as follows:
- The FRC, which will be part of the Family Court, will deal with all types of financial remedy cases dealt with in the Family Court or Family Division: claims for ancillary and other relief under the Matrimonial Causes Act 1973; claims under Schedule 1 to the Children Act 1989; claims under Part III of the Matrimonial and Family Proceedings Act 1984; and, in due course, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
- There will be a number of regional hubs, typically two per circuit (population or geography may require more), at which both the administration (HMCTS) and the judicial leadership for the relevant hub area are based.
- There will be a lead judge for each hub area: this must be a judge (either a Circuit Judge or a District Judge) with real experience/expertise in financial remedy work.
- There will be a national lead judge with a deputy. Mostyn J and, as his deputy, HHJ Hess have agreed to fill these important positions.
- Hearings will be conducted (a) at the regional hub and also (b) at a number of Financial Remedies Hearing Centres (FRHCs) within the hub area. The President emphasises (b), because it is very important. Parties will still be able to request, for good reason, that a particular hearing takes place at a court other than a FRHC.
- Only 'ticketed' judges will sit in the FRC. All District Judges and Circuit Judge currently in post who do this work, and wish to continue to do so, will be 'grandfathered' in.
- The FRC will function quite separately from the Regional Divorce Centres. Applications for a financial remedy, including for ancillary relief, will be issued at the FRC hub, not at the Regional Divorce Centre.
The FRC will be piloted in three areas, starting in February or March 2018: London, the West Midlands and South-East Wales. Further pilots will follow after Easter 2018.
The Family Procedure Rule Committee at its meeting on 6 February 2018 will be presented with a paper prepared by Mostyn J and HHJ Hess indicating proposed amendments to the FPR and a draft revised Form A (attached to the View), designed to be used for all types of financial remedy application.
In relation to the de-linking of divorce and 'money', the President recognises the concerns expressed by many in response to the suggestion that the question in the petition relating to financial claims should be removed. What is now proposed as the appropriate way forward is:
- Retain the financial question in the petition.
- Insert a corresponding question in the AoS.
- In all other respects de-link – so that the amended Form A would refer back, where applicable, to the fact that the application has been flagged up / made in the petition / AoS.
For the 18th View for the President's Chambers, click here.
26/1/18