Which financial remedy applications are not covered by the pilot scheme?
24th May 2023
Financial Remedies Practice 2023/24 discusses PD 36N: Pilot scheme: procedure for online filing and progression of certain applications for a financial remedy in connection with certain proceedings for a matrimonial order.
36.1 PD 36N is entitled Pilot scheme: procedure for online filing and progression of certain applications for a financial remedy in connection with certain proceedings for a matrimonial order. In its present form it came fully into force on 31 January 2023 and will endure until 31 December 2023 when it will certainly either be extended or, more likely, be put on a permanent footing in an additional PD to be made under Part 41.
36.2 PD 36N applies to the whole jurisdiction.
36.3 The scheme does not apply to consent orders, which are governed by their own online system (see Commentary on Part 41 for details). Nor does it apply to financial remedy applications started in the High Court or to those commenced before 27 May 2019. It is extremely unlikely that any application will fall into either category.
Types of financial remedy applications covered by the scheme
36.4 The scheme applies to all contested financial remedy applications save for the following:
a. an application for a legal services order which is not made at the same time as an application for another form of financial remedy or is not made in proceedings already on the online system for another form of financial remedy (¶1.4(a));
b. an application to set aside a financial remedy order where the application to set aside relates to an order which was not made as a result of a financial remedy application made and progressed on the online system (¶1.4(b)).
36.5 It is considered that the great majority of applications will be governed by the scheme.
The extracts above taken from Financial Remedies Practice 2023/24
Pre-order | Financial Remedies Practice (2023-2024)
Mr Justice Mostyn | Lewis Marks KC | Gavin Smith | Joshua Viney | Henrietta Boyle | Henry Pritchard
Commentary, Rules and Practice Directions for financial remedy proceedings in the High Court and Family Court.