A recent High Court decision has provided essential guidance where a dispute arises as to the instruction of single joint experts in complex family finance cases.
Michael Horton KC and Rachel Cooper, both of Coram Chambers, acted for the respondent (the husband) in proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Richard Todd KC (sitting as a deputy High Court judge) had granted leave under Part III at an earlier hearing and given permission to the parties to rely on expert valuation evidence.
The original directions envisaged the finalisation of an earlier draft report, to be followed by a further report from the expert. However, the expert confirmed that it would be quicker and cheaper to do a single consolidated report. The husband therefore asked the judge to vary his earlier directions, where the wife opposed this.
In a concise judgment, the judge confirmed that it was permissible for him to clarify or amend his earlier directions, akin to a ‘construction summons’, and he considered the husband’s approach was to be preferred. The private FDR judge would be best served by having a single report.
This ruling is just one aspect of these complex Part III proceedings, and it is expected that the judge’s decision on the grant of leave under Part III will soon be published. That judgment deals with the effect on her Part III claim of an earlier decision by the Spanish court to dismiss the wife’s maintenance application.
For the full judgment, see below or visit here.
