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Judicial line: 18 May 2018

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

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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