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Keep your DJ happy

Graeme Smith explains how to conduct an application for ancillary relief

16 December 2005

Applications for ancillary relief have their own self-contained set of rules, Family Proceedings Rules 1991 (FPR), Rules 2.51A to 2.70. However, frequently your district judge (YDJ) will be faced either with non-compliance, or with ‘excessive compliance’, for example, the filing of far more documents than are necessary. Here is a useful reminder of what should, and should not, be done. First things first Remember that these rules are "a procedural code with the overriding objective of enabling the court to deal with cases justly" (FPR 2.51B). The Rule goes on to set out factors that the court will take into consideration, and imposes duties on the parties and the court. The parties must help the court further the overriding objective. The court must actively manage cases. So if you think that YDJ is interfering unnecessarily with the directions you have agreed, remember that he is only doing his duty! And remember that the overriding objective is relevant to ev...

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