Private FDRs: Confidentiality Matters More Than Ever
A recent decision in BC v BC [2025] EWFC 236 has reinforced the principle that what happens in a private Financial Dispute Resolution (FDR) hearing must remain confidential. Mr Justice Peel ruled that a husband’s open offer, which referenced the wife’s conduct during a private FDR, breached the privilege of that process and ordered the offending words to be removed.
What Is a Private FDR?
A private FDR is a confidential settlement meeting, often held outside court, where both parties receive guidance from a neutral evaluator (usually a senior barrister or retired judge). It’s designed to help resolve financial disputes without the cost and stress of a final hearing.
Private FDRs are increasingly popular, especially in high-value cases, because they offer:
- Greater flexibility in scheduling
- More time for negotiation
- A tailored approach from experienced professionals
- A high success rate in reaching settlement
The Issue in BC v BC
In this case, the husband included comments in his open proposal that implied the wife had abruptly ended the private FDR after receiving the evaluator’s indication. The wife objected, arguing that this breached the confidentiality of the process and unfairly portrayed her conduct.
The court agreed. Mr Justice Peel held that:
- Parties must not disclose or refer to what was said or done during a private FDR
- Even indirect references—such as timing or behaviour—can undermine the process
- Confidentiality is “jealously safeguarded” and essential to the success of FDRs
- Satellite disputes over FDR conduct are costly and unhelpful
Key Takeaways for Clients
- Confidentiality is absolute: What happens in a private FDR stays in the FDR. This protects both parties and encourages open negotiation.
- No tactical references allowed: You cannot use FDR conduct to gain advantage in later proceedings.
- Focus on substance, not strategy: The court is interested in your financial proposals—not how the other party behaved during settlement talks.
- Private FDRs remain a powerful tool: When used properly, they can save time, money, and emotional strain.
Need Advice?
If you’re considering a private FDR or want to understand how best to prepare for one, our team can guide you through the process with clarity and discretion.
Contact us today to explore settlement options that protect your interests and preserve confidentiality.