What is a questionnaire?
In financial remedy proceedings, parties are required to provide full and frank disclosure of their assets and finances by way of a financial statement (Form E). The other party can then raise a questionnaire relating to the Form E. This should be done at least 14 days before the First Directions Appointment hearing (“FDA”) (FPR 9.14(5)).
Questionnaires are used to raise questions to obtain further information about the financial position of the other party and to request documents to be provided such as bank statements for accounts that have not been disclosed. They can also be used to clarify discrepancies within the Form E. Questions raised must be relevant to the issues in the case and proportionate, as answering irrelevant and pointless questions will only increase the legal costs involved.
At the FDA, the court will go through the questionnaires and determine which questions are to be answered. When the court is considering whether a question should be answered, the judge should take a “broad, even rough and ready” attitude, as proportionality is the “name of the game” (B v B [2013] EWHC 1232). For example, a question relating to a transaction of £50 is not likely to make a significant difference to the value of the matrimonial pot and therefore it would not be proportionate for a party to be ordered to answer it.
Questions testing the evidence of a party are likely to be deemed as cross-examination and therefore should not be included within a questionnaire.
Questionnaires cannot be used as a fishing expedition. Questions should not be asked in the hope that something useful or damaging may be disclosed. Speculation isn’t enough to justify a question.
What is the purpose of the questionnaires?
The purpose of the questionnaires is to ensure full and frank disclosure. However, their importance must not be underplayed. Questionnaires can be a strategic tool as they provide the parties with an opportunity to put their case, advancing their position as well as highlighting gaps in the other party’s case. Questionnaires give parties the ability to expose discrepancies and incomplete disclosure if carefully drafted.
The responding party to the questionnaire also has the opportunity to strengthen their case by supplying the documents requested and answering the questions, further advancing their case.
What should I consider when drafting a questionnaire?
FPR 9.14(5(c)) provides that:
a questionnaire setting out by reference to the concise statement of issues any further information and documents requested from the other party or a statement that no information and documents are required;
Therefore, when drafting a questionnaire, you should have regard to the key issues and focus questions on elements that are likely to advance your case. Consideration should be given to the proportionality of the questions. Questions should be focused and avoid overburdening the responding party.
Conclusions
Questionnaires are not just a direction that needs to be complied with. If used correctly, they are a strategic tool allowing parties to highlight inconsistencies in the opposing party’s disclosure. It is important to answer the questions honestly and provide full disclosure to enable the parties to secure a fair settlement.
If you need any help or representation for financial remedy proceedings, please contact clerks@anvilchambers.co.uk.