Scott Schedules and best evidence: fact finding hearings

Amy Stout, 3DJB

Briony Palmer and Amy Stout provide a practical guide to fact finding in private law, reflecting the enduring popularity of this topic in light of the prevalence of these hearings and the continued anxiety around how to plead allegations post Re H-N and Others [2021] EWCA Civ 448.   The first half of the article looks at the continued use of Scott Schedules and how these can be adapted to do justice to an increased focus on patterns of coercion and control. The second half addresses particular aspects of the evidence which is commonly deployed in such hearings - covert recordings, police and medical disclosure and correspondence – and at the tactical considerations relevant to counter-allegations.

The full article has published in the February issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482