Important note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.
When the court finds that a Fact-Finding hearing under PD 12J is required, the court will direct that the parties set out their allegations in a Scott Schedule, with a witness statement together with any supporting documents upon which you wish to rely.
A Scott Schedule is a schedule or table, which is used in court proceedings in the Family Court in order to clearly set out the allegations of the parties.
The court will make directions for parties to submit a Scott Schedule and this will generally be required in advance of a fact-finding hearing.
A fact-finding hearing is a hearing that takes place before the final hearing; a court hearing where the Judge will determine allegations of abuse, raised by the parties.
Your barrister can provide legal advice and guidance on the preparation of your evidence for a fact-finding hearing.
A Scott Schedule ought to be concise and focused. The allegations ought to be relevant and relate to incidents of domestic abuse, financial abuse or child safeguarding issues including coercive or controlling behaviour.
The court may limit the number of allegations to be raised by each party. The Court may make other directions such as parties are to file and serve on the court and other parties, a witness statement and other evidence in support of the allegations raised.
Given the complexity of a Fact-Finding hearing and the importance of the evidence and case preparation, and the serious consequences of findings by the court against a party, this will invariably have a direct impact on the outcome of the final hearing.
Your barrister can provide legal advice and guidance on the preparation of a fact-finding hearing, ensuring that you put forward your strongest case whilst challenging the other side’s allegations through rigorous case analysis and cross-examination.
A Scott Schedule should ideally contain the following: