The Family Procedure (Amendment) Rules 2018

Amendment of rule 9.20

11.  For rule 9.20 (power of the court to direct filing of evidence and set dates for further hearings), including the heading to the rule, substitute—

“Consideration of the application at the first hearing

9.20.— (1) If the court is able to determine the application at the first hearing, it must do so unless it considers that there are good reasons not to do so.

(2) Paragraphs (3) to (7) apply where the court does not determine the application at the first hearing.

(3) The court may give directions relating to—

(a) the filing of further evidence;

(b) the production of further documents;

(c) any other matter required for the fair determination of the matter.

(4) The court may use the first hearing or part of it as a FDR appointment.

(5) Where the court uses the first hearing or part of it as a FDR appointment, rule 9.17 applies with these modifications—

(a) for paragraph (3) substitute—

“(3) At the first hearing, the applicant must produce to the court all offers and proposals and responses to them.”; and

(b) paragraphs (7) and (9) do not apply.

(6) The court may direct that the application be referred to a FDR appointment.

(7) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following—

(a) that a further directions appointment be fixed;

(b) that an appointment be fixed for the making of an interim order;

(c) that the case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.

(Under Part 3 the court may also direct that the case be adjourned if it considers that non-court dispute resolution is appropriate.)”.