AS v CS: Party cannot unilaterally cancel private FDR

Image: Public Domain, via Piqsels

A very short note about a very short, but important, judgment.

In AS v CS a private FDR had been fixed for the 3rd of March. On the 12th of March, for reasons I need not elucidate here, the respondent wife unilaterally purported to cancel the FDR.

With the earliest date for another private FDR not being until the autumn, the husband applied to the court for an order that a directions hearing listed for the 10th of June should be converted into a FDR.

The husband's application went before the judge, Mostyn J, on the 23rd of February.

He found that the action of the husband and the inaction of the wife, who should have applied to the court for an adjournment of the private FDR, were both wrong. Accordingly, he ordered that the private FDR on the 3rd of March should take place, and that if the respondent wished to seek an adjournment of that private FDR she must apply to the court, in the proper form.

The full judgment, all 21 paragraphs of it, can be found here.

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