Issue of application and allocation | Extract from Financial Remedies Practice 2022-2023
20th April 2022
Authors: Mr Justice Mostyn, Lewis Marks QC, Gavin Smith, Joshua Viney and Henrietta Boyle
Read an exclusive extract on 'Issue of application and allocation' from Financial Remedies Practice 2022-2023:
F.10 An example of a local allocation initiative is the December 2021 Practice Message of HHJ Hess in his capacity as lead judge of the London FRC zone (available online, at https://financialremediesjourn... ). Among other things, it deals with the phenomenon of ‘zone-shopping’ by stating at ¶6:
'Where the applicant’s home is outside London, and the case is not complex, the case will ordinarily be transferred straight away out of the London FRC to the relevant FRC zone, referable to the applicant’s home.’
And at ¶9:
‘Where the applicant’s home is outside London, but the case is complex, then the gatekeeping judge will consider the reason advanced for selecting the London FRC rather than the FRC zone of the applicant’s home. If, on analysis, there is persuasive reasoning advanced as to why the case should proceed in the London FRC (e.g., non-exhaustively, there is another home in London or one or both of the parties works in London or one or both solicitors are London based or one of the parties lives near London and the other lives overseas so that there is an international element) and the complexity justifications appear to justify proceeding in the CFC then the case can remain in the CFC. It is very important to this process that full details are given in the allocation questionnaire.’
F.11 The aim of the FRC leadership is to ensure that cases are dealt with by ticketed judges who have a knowledge and experience of financial remedies work. Judges of all levels, including circuit judges and recorders, are expected to be involved with first instance cases.
F.12 The 2022 FRC Efficiency Statement at ¶5 provides that, subject to available judicial resources, every case will be allocated at the earliest opportunity to an individual judge, who will conduct all hearings, up to and including the final hearing, apart from the financial dispute resolution (FDR); alternatively, who will conduct all hearings up to and including the FDR. Each method is stated to be an equally acceptable form of judicial continuity. In the alternative scenario, if the FDR is unsuccessful, the case will, subject to available judicial resources, be allocated to another judge who will conduct all further interlocutory hearings and the final hearing.
Extract taken from 'Commentary on the Financial Remedies Court' in Financial Remedies Practice 2022-2023
Authors: Mr Justice Mostyn, Lewis Marks QC, Gavin Smith, Joshua Viney, Henrietta Boyle
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