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18 May 2018
Issue: 7793 / Categories: Features , Judicial line , In Court
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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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