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Position statements - 1/3rd person? And compliance

  • s59
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20 Jun 18 #502378 by s59
Topic started by s59
Hi All, quick bit of advice, please! I am writing a position statement for a FHDRA. Is it best to put this in 1st person ("I did this/that") or third person ("the father did this")? The template on this site (thanks!) is in first person but I've seen some examples floating about which use 3rd person or even abbreviate to M/F for most of the document - perhaps these are those written by barristers on behalf of the litigant? Does it matter, or is it just a stylistic preference? Thanks all.

Also, I am a smidge worried that my Directions Order for the FHDRA appointment has a "compliance" section which says "no document other than a document specified in this order or sent/delivered in accordance with the Rules or any Practice Direction shall be sent / delivered by any party without the court's permission". Does this mean I shouldn't send a position statement in, or is it just telling me to not send in evidence etc? My reading of PD27A 4.3 is that I *should* provide a position statement, or at least this could be my excuse for providing one if the judge doesn't take kindly to it? :

PD27A 4.3
At the commencement of the bundle there shall be inserted the following documents (the preliminary documents) – c) a position statement by each party including a summary of the order or directions sought by that party (1) at that hearing and (2) at the final hearing

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21 Jun 18 #502383 by .Sylvia
Reply from .Sylvia
If you are a litigant in person and therefore writing your own position statement, then write it in the first person.

It can be helpful to prepare a position statement ahead of the FHDRA, but isn't necessary. You would normally be required to send the PS to the other side and the Court no less than 3 days prior to the hearing, but I've known many instances where one has been presented on the day. In any case, you may find it helpful to prepare one just for your own use to help you focus on the key points, and make sure you don't forget to mention anything that is important during the hearing or pre-hearing discussions with the other side's solicitor.

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