Family professionals have been left ‘extremely concerned’ by the news there will be significant cuts to the number sitting days in the London Financial Remedies Court, reducing the number of opportunities for financial remedies proceedings.
Speaking this week, the president of the family division, Sir Andrew McFarlane said judicial resources will be cut due to insufficient allocation of family court sitting days for the 2025/26 financial year following a requirement from the Ministry of Justice more family court time be scheduled for public law cases. The proportion of financial remedies work will fall to less than the 13% of total sitting days currently allocated; which have not proved to be enough the result of which is planned FDR sitting days will be cancelled causing ‘some unwelcome difficulties’ acknowledged McFarlane. It is understood financial remedy hearings will be double-listed alongside trials and overflow courts at the Royal Courts of Justice will also be suspended
The impact on clients could lead to ‘wasted costs, delay and significant uncertainty’ said one family professional on the issue of double booking longer hearings. Jessica Reid, partner at Dawson Cornwell, said:
“It risks forcing many into last minute private arbitration, increasing the costs, and widening the gap between those who can afford it and those who cannot. Once cuts of this nature are implemented, they rarely reverse, and the long-term outlook for access to justice in this area is bleak.”
Cases already been listed will remain confirmed McFarlane, but short hearings could be moved; a plan to ‘recalibrate’ the list for the rest of the year has been drawn up.
For longer hearings court staff will confirm in the two weeks before the primary trial it is still going ahead; whereupon the back up will be rescheduled within three months, but there are no guarantees. The courts will attempt to inform the back up at least three working days before the listed start date and have said they will not be responsible for any costs as a result of postponement.
