A notice has been issued with the approval of the President (of the Family Division).
The Financial Remedies Court (“FRC”) was formally established on 24 February 2021 after a successful pilot launched in 2018.
The core documents underpinning the FRC, including the essential requirements of the Efficiency Statements, require updating to reflect and align with (i) the revised PD27A which came into force on 2 March 2026, (ii) various updates to practice and procedure which have been promulgated by Notices issued by the National Leadership of the FRC since it was established and (iii) other relevant developments in the family justice system.
The decision has been taken to, so far as possible, bring together these various updates in one document, the Financial Remedies Guide. This is now the essential document for all litigants and practitioners who are expected to comply rigorously with its requirements. Notably, the High Court Efficiency Statement (issued in 2016) and the Efficiency Statement for Cases below High Court level (issued in 2022), which have been an indispensable part of the efficient conduct of financial remedies cases, are merged and incorporated within the Guide.
Practitioners should particularly note the sections of the Guide about Non-Court Dispute Resolution (paras 21-28), the Duty to Negotiate (para 30), the process of allocation (paras 31-42), the general practice for freezing injunctions and Hemain injunctions which are ordinarily heard by the family court at any level rather than in the High Court (paras 47-50), the steps required for each stage of the financial remedies process (paras 51-79), the strictures as to the content of s25 and other witness statements (para 80), the principles as to preparation of bundles (paras 81-87), the requirements in respect of position statements (paras 88-92), and the requirements in respect of drafting and lodging orders (paras 93-96).
The Guide brings together the essential requirements and building blocks of financial remedies practice in one coherent document. Well established procedure has not been substantively amended, although practitioners should note that the threshold for allocation to High Court level is raised from £15m to £20m.
Attached to this Notice below are:
- The Financial Remedies Guide which takes effect upon issue of this Notice.
- An updated “Overall Structure of the Financial Remedies Court and the Role and Function of the Lead Judge”.
- An updated schedule of FRC zones and the Lead Judges for each zone.
The Guide has been the product of tireless endeavour by a working group consisting of HHJ Hess, Nicholas Allen KC, Rhys Taylor, Michael Allum and Lily Mottahedan. The National Lead Judge expresses his gratitude to the working group. Consultation was carried out with HMCTS, the zonal lead judges, Resolution and the FLBA and we are grateful for their responses.
This Guide is the next step in the evolution of the FRC and is intended to ensure that the FRC continues to modernise and adopt best practice. It should be viewed by practitioners as the indispensable guide to the conduct of all financial remedies cases.
MR JUSTICE PEEL,
National Lead Judge of the Financial Remedies Court
HIS HONOUR JUDGE HESS,
Deputy National Lead Judge of the Financial Remedies Court
FRC Guide (PDF version) FRC Guide (Word version)
FRC Overall Structure / LJ Job Description FRC Lead Judges / Courts
