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 where the result might have an impact on child welfare
