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Failure to comply with an order

(6 Posts)
Patchworkpatty Sun 07-Jun-15 15:06:51

Hi legal beagles, can someone in the know explain what happens when an applicant in a family case (or in this case the applicants lawyers) fails to serve my dh (respondent and self representing) with a statement as directed by the judge at the last hearing. The date by which this statement be served has passed...as we have a certain number of days to respond to the statement and as he hasnt received anything yet , our time to respond will be seriously reduced. Is their anything he can do ? -Leave to remove case if that helps .

HeadDoctor Sun 07-Jun-15 16:57:32

Probably not. I think in 14 hearings we have had two statements filed on time and not so much as a cross word from a judge.

Collaborate Sun 07-Jun-15 18:51:30

Email the judge to point out they're late with their statement. ask if you can have the same time that they are taking (unless it's important to him the next hearing isn't delayed). Judge may call them in for a hearing (telling off).

lostdad Mon 08-Jun-15 11:17:33

In theory the correct procedure would be to inform the court as Collaborate says.

In my personal experience as a Mckenzie Friend it is extremely unlikely it will make any difference whatsoever other than a mild ticking off from the court. I have assisted at many hearings where a deadline for a statement has long since passed and my client has been presented with a statement just prior before going to the court.

You mention it is a leave-to-remove case too. I hope you have assistance here! They can be very difficult and notorious to `win' - about 50% is the current figure although there are some things can do to help.

cannotseeanend Thu 11-Jun-15 17:40:49

In my short experience, people can file anything late or not at all and there are no penalties for the person waiting.
I filed every single thing early. My husband filed every single thing late. I self represented. He spent £25k for a lawyer to file everything late. I pleaded with the judge to impose even a ticking off. Nothing. The effort I put in to get all the paperwork. I never even got a court bundle!!!!!!!! I went to final hearing with the applicant my husband and me without a court bundle. It was absurd, so wrong, the judge did nothing. 3 days without a court bundle and the applicant constantly quoting from it and me pleading to see what was in the applicant's bundle.

English justice. Justice is a dirty word.

Canterbury

cannotseeanend Thu 11-Jun-15 17:46:09

I informed the court of every single time my husband failed to comply with all the paperwork in court orders.

Not once did the judge even make a comment in return.

I have been through hell. I have gone from having faith in justice to knowing that justice is helped by having a lawyer and self representers are treated as imbeciles and ignored.

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