Contested applications – the Case Management PilotContesting an applicationCase Management PilotContesting an application:flexible approachContesting an applicationCase Management PilotCase Management Pilot
8.26On 1 September 2016 the Case Management Pilot Practice Direction (PD) came into force (see further para 4.101). At the time of writing the pilot is due to run until 31 August 2017. The Case Management Pilot PD sets out the pathways which the court will use to manage applications which are contested. All property and affairs applications will be subject to the property and affairs procedure set out in the Case Management Pilot except for:
•uncontested applications;
•applications by the Public Guardian; and
•applications for the approval of statutory wills and gifts.
8.27It may appear from these exclusions that requirements set down in the relevant parts of the property and affairs pathway will affect only the minority of applications. However, in practice the courts are likely to use the property and affairs pathway to case manage all cases which are contested and where it appears that the parties are not able to refine the issues and work towards a negotiated agreement in a reasonable timescale.
8.28It is important that all applicants and respondents aware of the procedure, however, as property and affairs applications tend not arise out of an existing disagreement and the applicant will only become aware at a later stage that that the application is opposed, or a different order sought.