- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
6. Before rule 2.52, but after the heading “Ancillary relief,” the following shall be inserted:
2.51A—(1) The procedures set out in rules 2.51B to 2.70 (“the ancillary relief rules”) apply to any ancillary relief application and to any application under section 10(2) of the Act of 1973.
(2) In the ancillary relief rules, unless the context otherwise requires:
“applicant” means the party applying for ancillary relief;
“respondent” means the respondent to the application for ancillary relief;
“FDR appointment” means a Financial Dispute Resolution appointment in accordance with rule 2.61E.
2.51B—(1) The ancillary relief rules are a procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable—
(a)ensuring that the parties are on an equal footing;
(b)saving expense;
(c)dealing with the case in ways which are proportionate—
(i)to the amount of money involved;
(ii)to the importance of the case;
(iii)to the complexity of the issues; and
(iv)to the financial position of each party;
(d)ensuring that it is dealt with expeditiously and fairly; and
(e)allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.
(3) The court must seek to give effect to the overriding objective when it—
(a)exercises any power given to it by the ancillary relief rules; or
(b)interprets any rule.
(4) The parties are required to help the court to further the overriding objective.
(5) The court must further the overriding objective by actively managing cases.
(6) Active case management includes—
(a)encouraging the parties to co-operate with each other in the conduct of the proceedings;
(b)encouraging the parties to settle their disputes through mediation, where appropriate;
(c)identifying the issues at an early date;
(d)regulating the extent of disclosure of documents and expert evidence so that they are proportionate to the issues in question;
(e)helping the parties to settle the whole or part of the case;
(f)fixing timetables or otherwise controlling the progress of the case;
(g)making use of technology; and
(h)giving directions to ensure that the trial of a case proceeds quickly and efficiently.”.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: