The FDR appointmentE+W
9.17.—(1) The FDR appointment must be treated as a meeting held for the purposes of discussion and negotiation.
(2) The judge hearing the FDR appointment must have no further involvement with the application, other than to conduct any further FDR appointment or to make a consent order or a further directions order.
(3) Not less than 7 days before the FDR appointment, the applicant must file with the court details of all offers and proposals, and responses to them.
(4) Paragraph (3) includes any offers, proposals or responses made wholly or partly without prejudice(GL), but paragraph (3) does not make any material admissible as evidence if, but for that paragraph, it would not be admissible.
(5) At the conclusion of the FDR appointment, any documents filed under paragraph (3), and any filed documents referring to them, must, at the request of the party who filed them, be returned to that party and not retained on the court file.
(6) Parties attending the FDR appointment must use their best endeavours to reach agreement on matters in issue between them.
(7) The FDR appointment may be adjourned from time to time.
(8) At the conclusion of the FDR appointment, the court may make an appropriate consent order.
(9) If the court does not make an appropriate consent order as mentioned in paragraph (8), the court must give directions for the future course of the proceedings including, where appropriate—
(a)the filing of evidence, including up to date information; and
(b)fixing a final hearing date.
(10) Both parties must personally attend the FDR appointment unless the court directs otherwise.