Financial Dispute Resolution - Final Hearing

[slumberjac]

Can someone please tell me what happens at a FDR final hearing? Is it the same as the FDR or is it more formal as in I will have to stand in a witness box?

Many thanks.

Also, what happens if we're both self repping and don't have barristers or if one self reps and the other has a barrister?

bump

It's either an FDR or a final hearing. You'll have to be more specific.

It's a final hearing.

bump

Bump...again!

If you cannot agree a settlement between you and the other party it will be more `formal' - i.e. cross examination, a bundle with evidence, etc.

Hopefully by this stage in proceedings there has been full disclosure of assets which means a fair and reasonable judgement can be made and missing information is often a major factor when it comes to delays.

If both parties are represented, the onus to prepare the bundle is on the applicants solicitor (although many people choose to use a barrister on the day). If you're litigant in person and the other party has a solicitor they will be obliged to put the bundle together.

Without going into a blow by blow account, on the day you will have an opportunity to explain the outline of the situation (opening submissions), ask and answer questions relating to the evidence in the bundle and provide closing submissions.

Your paperwork is very important as you will be relying on it to back up what you're saying - otherwise it's just opinions that the judge will be working on.

...and if neither of you have a barrister it's the job of the applicant to provide the bundle.

Thank you for your response. Much appreciated.

Yes and do make sure that bundle is right, page numbered and everything in it and everyone has an identical one and do it well in advance.

Much better to reach agreement between you however before if you possibly can.