HMCTS Financial Remedy - GOV.UK

HMCTS Financial Remedy

Contested Pilot Solicitors onboarding pack

Case Management

March 2021

Index

Section 1 – The digital Case File

Section 2 – Uploading Case Documents

Section 3 – Uploading Draft Orders

Section 4 – Submitting a General Application

Section 5 – Submitting a Consent Application within proceedings

Section 1

The Digital Case File

FR Solicitors onboarding pack

Once your application is issued, a final, sealed version of Form A will be available in the Case documents tab for

you to view and download.

The Case file


Once the case has been submitted, it will be allocated a reference number and you will be able to see the details of the application you have made displayed on the tabs ‘Solicitor’, ‘Divorce’, ‘Parties’, ‘Nature of Application’, ‘Authorisation’, ‘Case Documents’ and ‘Payment Details’.

From the History tab, you will be able to track the progress of your case all the way through to the final order being sent to you. This will enable you to keep parties updated without wasting valuable time contacting the Court.

The additional tabs ‘admin notes’ and ‘gatekeeping’ will be available but you will not have access to the information contained within these tabs.

Next


Once submitted, your case will be referred to a Judge for G&A directions

The case will be listed for a first appointment hearing in accordance with the Judges instructions and you will be notified once a copy of the Form C and Form G are available to download.

You will then be able to start to upload documents in readiness for the First Appointment Hearing

Section 2

Uploading Documents

Form C and G


Once the case has been listed for hearing, you will be notified via email and will be able to download a copy of Form C and Form G from the Case Documents Tab

Documents for Hearings


You will then be able to start uploading documents to the casefile rather than posting them to the local Court.

Please upload all documents listed on the Form C:

• a concise statement of the apparent issues between yourself and the other party;• a chronology;• a questionnaire setting out the further information and documents you require from the • other party, or a statement that no information or documents are required;• a Notice in Form G

Along with any other documents you wish to be on the Court file and a copy of the digital bundle

Please note: Please check with the FRC whether they require a paper bundle for the hearing.

Documents for Hearings


To upload a case file:

• Select ‘Add new’

• Choose the document to be uploaded

• Identify the type of document you are uploading from the list

• Confirm if it is to be uploaded on behalf of the applicant or respondent and whether it should be kept confidential

• Add in further information about the document, for instance, the hearing date.

NOTE documents marked as confidential will only ever be visible to the Judge, Case Worker and person uploading the document and cannot be shared with the other party

Documents for Hearings (tips)


Tips on uploading documents:

• Do not overwrite previously uploaded documents (unless directed to do so by the Court) – instead press the ‘Add New’ button to get a blank upload box

• Make sure to choose the type of document

• Documents should be uploaded separately and are named appropriately so that it is clear what they are

• Documents should be uploaded in a PDF format wherever possible

• You choose the relevant document type from the drop down list

• Make sure to select if the document is for the applicant or respondent

• When uploading a trial bundle, make sure it is in PDF format and you have confirmed if you are the applicant or respondent

Documents for hearings - tabs

• You can view the documents you have uploaded in the ‘Applicant documents’ or ‘Respondent documents’ tab

• The other party will not be able to see the documents you have uploaded until you share them

• You can show or hide your documents from the other party

Documents for Hearings – sharing documents

• You will see an option to share documents with the applicant / respondent in ‘next steps’

You then are asked to answer yes / no to share non-confidential documents


Documents for Hearings – sharing documents

If you select ‘Yes’ all non-confidential documents you have uploaded will be visible in the ‘shared documents’ tab and can now beviewed by the other party.


Documents for Hearings – Submit Case Files

Applicant Solicitors – when you have uploaded your case files and are ready for hearing, select next steps and then ‘submit casefiles’

This will move the case in to the ‘ready for hearing’ state so that the Judge can now conduct the hearing


Section 4

Drafting and uploading Orders

Drafting the Order


If a Judge directs at the hearing that you should draft the order – you will receive a notification from the court.

When you have drafted the order, you must upload this to the system using next steps and ‘upload draft order’.

You should upload this in an editable format (such as word) so that it can be amended / any necessary Court dates can be added if applicable.

This will be checked by a Judge and if any amendments / queries are required – you will receive an notice and order from the court with further instructions. If the Judge is happy with the draft – you will be notified once a final sealed version of the order is available for download.

If a further hearing has been listed, the case will then go back to the stage where you can upload further documents in readiness for the next

hearing.

Section 5

Submitting a General Application

Once the case has been issued, you will be able to make a general application on the case at any point in the journey. You will need to log into the system and locate the case you are wanting to make the application on. Once in the case, go to the ‘Next Steps’ and click on the drop down arrows, you will see an option to ‘Create General Application’ Select this and press go.

In the next screen, it will ask you who the application is from and if a hearing is required.

If you select that a hearing is required, you will be asked to give a time estimate for the hearing and if any special measures are required.

You will then be asked to upload a copy of your order.

You will then be asked to upload a copy of your application.

You will also have the option to upload a draft order, if needed.

You will then be able to submit your applicaton. Once the application is submitted, you will be able to see a copy of your answers in the ‘case documents’ tab.

After the application is submitted, the case worker will contact you to request payment for the application. Once payment is taken, the case worker will list it for hearing if required or they will send to the Judge for their consideration.

Once the decision has been made, the case will go back to the state it was last in. E.g ‘Prepare for Hearing’. You will receive an email notification when the application outcome order is ready to view and download.

To locate the order, log into the system and search for your case. Then go to the ‘Case Documents’ tab where you will find the Order.

Section 6

Submitting a Consent Application within proceedings

If at any time in the contested journey, the application becomes consented, you can now use the system to apply for the consent order. Log into the system and find your case. Then go to Next Steps and chose ‘Consent Order’ from the drop down list and press Go.

You will then be taken through the screens to make the application for the consent order, where you will be able to submit the draft consent order for consideration. Once the application is submitted, the case worker will contact you to take the payment for the consent order. When the fee has been taken, the Case Worker will then forward the application to the Judge for consideration.

When you submit the consent order for approval, a new tab called ‘Consent Order Process’ is created. You will find all the information on the consent order application in this tab. When the consent order has been considered you will also find the order in this tab.

You will also find the Approved or Not Approved order in this tab once the case has been reviewed by the Judge.

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