First Appointment

I have a first appointment scheduled but the respondent has not made a financial disclosure. Please can you help with the following points:

1. I have not filed a questionnaire as I was waiting for disclosure. The deadline has now passed, will I still be able to ask questions? I am wondering now if I can still produce questions based not on financial disclosure but of issues that need to be addressed in accordance with non disclosure.
2. In the case where one party does not make financial disclosure in time for the first appointment, will the courts afford time for further questions to be asked once disclosure has been made?
3. Is the ES1 in place of a statement of issues? Can I include a statement of issues in addition to the ES1 form?
4. There are trusts involved. I have come across a document pursuant to the FRC, Schedule 3, Should I present this to the court at the first appointmnet?

Thank you in advance for any support you can offer. This forum and your advice has become a lifeline in an incredibly difficult process.

You should raise the issue of non-disclosure in your ES1 form and position statement. At the end of the FDA the court will order him to do form E by a new deadline and give you permission to file a questionnaire within a couple of weeks after you get the Form E.

You can/should detail any issues in your Position Statement. The ES1 has a place to summarise other information at the bottom - so you can also mention key issues there.

I cannot advise on the last point regarding trusts.

Dear Team,

Your forum is a source of light in the darkness when there is no where else to turn. Your advice is much appreciated.

Thank you so much.