The New Pre-Action Protocol
In addition to providing a new Court framework for resolving financial disputes in divorce proceedings the Head of the Family Division, Dame Elizabeth Butler-Sloss has issued a "pre-application protocol" for family cases which sets out a "best practice" for such cases prior to issue of proceedings. This adopts and reinforces the overriding objective of the Civil Procedure Rules 1998 to deal with cases justly so that:-
- parties are on an equal footing
- there is a saving of expense
- cases are dealt with expeditiously and fairly
- costs and disclosure are "proportional" to what is at issue
- an appropriate share of the Court's resources is allocated to the case.
In particular:-
- parties are encouraged to co-operate in the conduct of the case;
- parties are encouraged to settle their dispute
- parties are encouraged to identify the issues between them at an early date
- disclosure and the use of expert evidence is limited and "proportionate" to the issues to be decided.
Costs sanctions will apply in cases where these principles are ignored.
For the full text of the Practice Directions dated 25th May 2000 go to www.courtservice.gov.uk/pds/family/anc_rel_pro.htm