The New ES1 and ES2 documents
The ES1 is a composite case summary which sets out all the key information, such as the case number, parties names, information as to costs incurred and estimated, as well as a concise summary of the issues at hand.
The ES2 is a composite asset schedule, set out in a spreadsheet. Information on how to complete and use the ES2 can be found here -
Note on the Correct Use of the ES2 (Composite Asset Schedule)
The new templates can be found here -
ES1 and ES2 templates
Both the ES1 and the ES2 must be filed by the applicant:
- One day prior to the FDA/First Appointment
- No later than seven days prior the Financial Dispute Resolution hearing (FDR)
- And, no later than seven days prior to the Final Hearing
New deadlines and other directions before financial hearings: 14 days before the FDA/First Hearing: - Each party to file and serve a questionnaire
- Both parties to file and serve a maximum of three property schedules/particulars to demonstrate their housing need, both for themselves and the other party
- The applicant to file a jointly obtained valuation for each of the houses used as the family home
- Both parties to jointly obtained mortgage capacity reports
7 Days Prior to the FDR: - The applicant must file a chronology setting out the main dates of the parties’ relationship and litigation
If you intend to use the FDA as the FDR, then you should inform the court as soon as possible, and you must also file the documents the court would expect to see at the FDA.
Final Hearing:
The applicant must file a chronology setting out the parties’ important dates for the relationship and litigation, no later than 7 days before the FH.
Allocation:
Applicants are encouraged to seek the input of the respondent when lodging the application. This will assist with answering the allocation questionnaire.
If the case is especially complex, and you think you will need a longer hearing for the First Appointment, you should include this request/information in the allocation questionnaire.
Bundles
Parties MUST comply with
PD27A
(the Practice Directions for Bundles),Including:
- Submitting bundles with a clear 2 working days before the hearings
- Adhering to the limit of 350 pages (this includes E-bundles). This limit does not include composite documents or position statements.
- E-Bundles must be prepared in line with the General Guidance on E-Bundles
.
Position Statements
These are to be files no later than 11am on the day BEFORE the hearing, and exchanged with the other side within an hour of filing with the court
There must be compliance with the page numbers (see below) and if you need to exceed the page numbers, you must apply to court for permission first.
Page Limits
The court is encouraging parties to focus on the main issues and to define the issues before attending court.
Position Statements:
First Appointment – limited to 6 pages
Interim Applications – limited to 8 pages
FDR – limited to 12 pages
Final Hearings – limited to 15 pages
Questionnaire:
Limited to 4 pages – if the case is very complex, then more pages may be submitted upon approval from the court.
Witness Statements:
These should be no more than 15 pages (this excludes exhibits). Although
PD27A
states a limit of 25 pages, the courts in general are moving away from the 25 page limit and imposing a new limit of 15 pages.
Orders
Standard Orders must be used. There is a useful compendium of standard orders found here -
standard-orders - financial and enforcement orders
If one or both parties are represented, then BEFORE the parties leave court, orders should be agreed, drafted, and lodged.
f it is a remote hearing, then this should be done on the day of the hearing. Where it is impracticable to so, then the order should be agreed, drafted, and lodged within two working days of the hearing.
Recitals should be limited to the important background that can not be part of the body of the Order
Listings
First Appointments – standard listing will be 45 minutes.
If the case is complicated, then 60 minutes may be listed (based in the allocation information the applicant has submitted). If the applicant thinks they will need more than 60 minutes for the First Appointment, then this request should be set out in the allocation questionnaire at the time of making the application.
FDRs – usual listing will be for 60 minutes to 90 minutes. The exception will be if the court decides at the First Appointment that the FDR will require either a shorter or longer listing.
Judicial Continuity
Where it is possible, cases will be allocated to a Judge so that parties can expect the same Judge at the First Appointment
and the FDR, with a new Judge for the Final Hearing;
Or
The same Judge for the First Appointment
and the Final Hearing, with a different Judge presiding over the FDR.
Where a case has been allocated to a specific Judge, interim applications may also be directed to the same Judge.
You can read the full statement from the Judiciary here -
Notice from the Financial Remedies Court 
