- Latest available (Revised)
- Point in Time (06/04/2021)
- Original (As made)
Point in time view as at 06/04/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Family Procedure Rules 2010, Section 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9.15.—(1) The first appointment must be conducted with the objective of defining the issues and saving costs.
(2) At the first appointment the court must determine—
(a)the extent to which any questions seeking information under rule 9.14(5)(c) must be answered; and
(b)what documents requested under rule 9.14(5)(c) must be produced,
and give directions for the production of such further documents as may be necessary.
(3) The court must give directions where appropriate about—
(a)the valuation of assets (including the joint instruction of joint experts);
(b)obtaining and exchanging expert evidence, if required;
(c)the evidence to be adduced by each party; and
(d)further chronologies or schedules to be filed by each party.
[F1(4) The court must direct that the case be referred to a FDR appointment unless—
(a)the first appointment or part of it has been treated as a FDR appointment and the FDR appointment has been effective; or
(b)there are exceptional reasons which make a referral to a FDR appointment inappropriate.]
(5) If the court decides that a referral to a FDR appointment is not appropriate it must direct one or more of the following—
(a)that a further directions appointment be fixed;
(b)that an appointment be fixed for the making of an interim order;
(c)that the case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.
( [F2Under Part 3] the court may also direct that the case be adjourned if it considers that [F3non-court dispute resolution] is appropriate.)
(6) In considering whether to make a costs order under rule 28.3(5), the court must have particular regard to the extent to which each party has complied with the requirement to send documents with the financial statement and the explanation given for any failure to comply.
(7) The court may—
(a)where an application for an interim order has been listed for consideration at the first appointment, make an interim order;
(b)having regard to the contents of the notice filed by the parties under rule 9.14(5)(d), treat the appointment (or part of it) as a FDR appointment to which rule 9.17 applies;
(c)in a case where a pension sharing order or a pension attachment order is requested, direct any party with pension rights to file and serve a Pension Inquiry Form, completed in full or in part as the court may direct; and
(d)in a case where a pension compensation sharing order or a pension compensation attachment order is requested, direct any party with PPF compensation rights to file and serve a Pension Protection Fund Inquiry Form, completed in full or in part as the court may direct.
(8) Both parties must personally attend the first appointment unless the court directs otherwise.
Textual Amendments
F1Rule 9.15(4) substituted (7.8.2017) by The Family Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/741), rules 1(1), 7
F2Words in rule 9.15(5) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 14(a)
F3Words in rule 9.15(5) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 14(b)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: