I have an FDR hearing approaching in 2 weeks and have made an application to the pro bono unit for a barrister.
The unit is still processing my application so I don''t know whether I''ll qualify yet. I''m worried about attending the FDR without a barrister.
I have been an LIP to date - is there now too little time to use a barrister effectively? And is a court likely to adjourn the hearing if I don''t have representation? If so, how and when should I go about requesting an adjournment?
You cannot rely upon a lack of representation as a reason to adjourn otherwise thousands of cases would never proceed.
The FDR hearing is a without prejudice hearing where the judge can give their opinion on what they would order if the matter went to final hearing. This can be useful if the parties are very close in offers or very far apart. In the latter, a party who is being unreasonable will get a reality check from the judge''s input.
As far as being effective, if both parties have provided adequate disclosure there is no reason for the hearing not to proceed.
Even if you were to make an application, the chance of the court dealing with this prior to the FDR is fairly remote.