Re W (Children) [2014] EWFC 22, [2014] All ER (D) 25 (Aug)
Family Court, Sir James Munby P, 25 Jul 2014.
Parties in cases in the Family Court are not permitted to amend a timetable fixed by the court without the prior approval of the court.
The case concerned care proceedings commenced by Bristol City Council (Bristol). A timetable was set by a case management order, which contained the usual requirement that “all parties must immediately inform the court…if any party or person fails to comply with any part of this order”. Bristol failed to file and serve its final evidence and care plan in accordance with the timetable. As a result, the guardian’s report was not available to the court and other parties until the day before the issues resolution hearing was listed to take place. It was, therefore, impossible for the advocates to comply with the requirements of para 6.4 of PD27A (the “Bundles” Practice Direction) with regard to the lodging of preliminary documents. Bristol explained that, at the advocates meeting,
