The Family Procedure Rules 2010

What the court must do for the case management hearingE+W

This section has no associated Explanatory Memorandum

7.22.—(1) This rule applies to a case in which the court has directed a case management hearing under rule 7.20.

(2) Where a hearing has been directed under rule 7.20(4) the court must—

(a)decide where the hearing in the case should take place;

(b)set a timetable for the filing and service of evidence;

(c)make such order for the disclosure and inspection of documents as it considers appropriate; and

(d)give directions as to the conduct of the final hearing and the attendance of witnesses.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(3) Where a hearing has been directed under rule 7.20(2)(b)(ii), the court must—

(a)consider what further evidence is required properly to dispose of the proceedings and give directions about the filing and service of such evidence;

(b)consider whether any further information is required about the arrangements for the children of the family and give directions about the filing and service of such information;

(c)give directions for the further conduct of the proceedings, including—

(i)giving a direction that on compliance with any directions under sub-paragraph (a) or (b) a further application may be made under rule 7.19(1) for the proceedings to be dealt with under rule 7.20(2)(a); or

(ii)giving a direction that the case is not suitable for determination under that rule.

(4) Where the court gives a direction under paragraph (3)(c)(ii), it may also give directions under paragraph (2) or direct that the case be listed for a further hearing at which such directions will be given.

(5) Any party to proceedings which are not being dealt with under rule 7.20(2)(a) may apply to the court for further directions at any time. (Part 3 sets out the court's powers to encourage the parties to use alternative dispute resolution and Part 4 sets out the court's general case management powers.)