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Financial proceedings—jurisdiction, scope and powers

This Practice Note sets out the jurisdiction of the court in relation to an application for a financial order and who may apply, including in relation to a child of the family. It sets out the orders that may be made by the court. It also covers the court’s jurisdiction in cases where there has been a foreign/overseas divorce/dissolution.Powers of the courtOn 22 April 2014, the single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court). The High Court retains exclusive jurisdiction over a limited number of cases. However section 31E of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) (as amended) provides, inter alia, that in any proceedings in the Family Court the court may make any order that could be made by the High Court if the proceedings were in the High Court. Those powers have been highlighted by the courts, in particular by Mostyn J in CH v WH, when he said (at para [9]) ‘The basic mistake...

Standard directions on an application in Form A

This Practice Note sets out the directions to be complied with after the issue of an application in Form A (Notice of [intention to proceed with] a financial application to which the standard procedure applies) in proceedings for a financial remedy that are subject to the standard procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). This includes the document filing requirements, the preparation of a questionnaire and Form G (Notice of response to first appointment). It also explains the implications of failing to comply with the standard directions. In addition to the provisions of FPR 2010, regard should also be had to guidance issued in relation to the Financial Remedies Court, in particular the statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (the below High Court judge level efficiency statement), see: Efficiency statement requirements.First appointments in the Financial Remedies Court may be dealt with in a limited number of cases...

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Tomlin order

Tomlin order Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]        Claimant / [Applicant OR Respondent] and [insert name]        Defendant / [Applicant OR Respondent] _______________________________________ [ Draft ] tomlin order _______________________________________ [ Upon hearing the application of the [insert name of party or parties applying] by notice dated [insert date] OR Upon the trial of this claim] OR [ And upon reading the written evidence filed] And the parties having agreed to the terms set out in [the attached Schedule OR a [confidential] [schedule OR agreement] dated [insert date], copies of which are held by...

Draft Settlement agreement—for settling disputes post-commencement of proceedings

Draft Settlement agreement—for settling disputes post-commencement of proceedings This Agreement is made the day of 20[insert year] Parties: 1 [insert name of party], a company registered in England and Wales (registered number [insert company number]), whose registered office is at [insert address] (‘Party A’)[ and] [;] 2 [insert name of party], a company registered in England and Wales (registered number [insert company number]), whose registered office is at [insert address] (‘Party B’). together the ‘Parties’ Whereas 1 On [insert date], [insert name of claimant] commenced court proceedings in the [insert level of court, eg, High Court, King’s Bench Division] (under claim number [insert claim number], against [insert name of defendant] for [insert details summarising the claim] (the ‘Issued Claim’). 2 By a Defence [and Counterclaim ]dated [insert date] (the ‘Defence and Counterclaim’), [insert name of defendant] denied the Claim asserted by [insert name of claimant][, and counterclaimed against [insert name of claimant] for [insert details summarising the counterclaim]]. The Issued Claim and Defence ...

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Injunction granted to prevent claim under performance bond (ETC Export Trading Company v Aplas Importer)

Banking & Finance analysis: The High Court decided to grant an injunction restraining the beneficiary under a performance guarantee from demanding payment under that guarantee. The court held that the applicant for the injunction did not have to prove fraud where the other party was clearly not entitled to make a claim under the guarantee. In this case, the other party had accepted that the applicant was not to blame for their contract failing to proceed and had given the applicant a written undertaking to make a demand under the guarantee only if the applicant had breached the contract. Written by Robert Parson, partner at Clyde & Co LLP.