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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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