FRJ stage

Privilege

What Is the True Extent of FDR Privilege?

What Is the True Extent of FDR Privilege?

In L v O (Stay of Order; Hadkinson Order; Security for Costs) [2024] EWFC 6 (26 January 2024) Cobb J considered whether a judge hearing a Barder (or Thwaite) application can/should be made aware of what took place at the FDR appointment where the original order was agreed and

AP v BP & Ors (financial remedies – appeal – disclosure – privilege) [2023] EWFC 169

https://caselaw.nationalarchives.gov.uk/ewfc/2023/169 HHJ Vincent. The facts are as stated in this summary. On the husband’s discovery of the wife’s agreement with the intervenors he sought disclosure of the first agreement. W and the intervenors asserted that it was subject to privilege as

Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?

Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?

As Mostyn J made clear in LM v DM (Costs Ruling) [2022] 1 FLR 393 at [4], ‘[l]itigants must learn that they will suffer a cost penalty if they do not negotiate openly and reasonably’. This applies equally to both final and interim hearings. The willingness of judges to

Koukash v Koukash [2022] EWHC 1001 (Fam)

http://www.bailii.org/ew/cases/EWHC/Fam/2022/1001.html Cohen J. Appeal from decision of HHJ Greensmith on quantification of lump sum, which had been based on privileged FDR documents. The first instance judge had to determine what amount of lump sum was to be paid by H

Dadourian Group v Simms [2008] EWHC 1784 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2008/1784.html

Kerman v Akhmedova [2018] EWCA Civ 307

https://www.bailii.org/ew/cases/EWCA/Civ/2018/307.html

AAZ v BBZ & Ors [2016] EWHC 3349 (Fam)

http://www.bailii.org/ew/cases/EWHC/Fam/2016/3349.html