Update following latest briefing from Mostyn J
In light of the latest guidance note from Mostyn J., which encourages working remotely and organising Private FDRs where possible, we thought it would be helpful to provide an update on the different services that we are able to offer to assist in the current situation.
Counsel continue to accept instructions in the usual way for court hearings and, at the discretion of local Judges, will be able to undertake hearings in person, by telephone or via Skype as required. They will also be able to offer advice by telephone, video conference or in writing.
As recognised by Mostyn J and HHJ Rowland private FDRs are likely to become an attractive option. St Ives Chambers have for many years promoted the use of private FDRs and are able to provide suitable experienced ‘judges’ to conduct private FDRs from our experienced financial remedy practitioners and part time judges, including those appointed to sit as specialist financial remedy judges.
We are also fortunate to have the benefit of three qualified Family Finance Arbitrators in Chambers who are able to offer this service as a complete alternative to the Court process.
The legal system now faces a period of significant challenge. In order to alleviate the pressures on the court service, we want to make sure that realistic alternatives to traditional litigation are available. However, we also want to ensure that these alternatives are accessible to the wide spectrum of litigants. Private FDRs and arbitration are not the preserve of “big money” cases and we strive to offer a service which provides value to clients irrespective of the available assets.
If you wish to have further information about the different options we offer then please do not hesitate to contact the clerks who will be happy to assist.