header-logo header-logo

18 May 2018
Issue: 7793 / Categories: Features , Judicial line , In Court
printer mail-detail

Judicial line: 18 May 2018

This week: absence of non-mol statement; small claim expenses; counsels’ duty on drafting order; costs budgeting

Look, no statement!

Q What sanction can be imposed on the respondent to a contested non-molestation order application who has failed to comply with directions for the filing and service of witness statements and Scott Schedule responses? Can they be debarred from contesting the application or from giving evidence in opposition?

A There is no reason why FPR 22.10 which empowers the court to refuse to hear oral evidence from a party who is in breach of a witness statement direction should not apply in this instance (although the better course would be for the court to initially make an ‘unless’ order) and the court could impose the same sanction for breach of a Scott Schedule direction in the exercise of its case management powers under FPR 4.1(3)(o), subject to the respondent’s right to apply for relief from sanction. Whether it would do so is another matter given the sensitivity of cases such as this and particularly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll