Failure to comply with a court directions order

[slumberjac]

Can anyone please tell me what I should do if a court directions order isn't complied with by the other side.

Many thanks.

It depends on the direction, and what kind of case it is (family, civil etc).

Is it a direction to file evidence?

if so, it would probably be enough to write to the court, who will probably send a letter to the other party chasing them up.

If it was a direction to (for example) return an item of property by a certain date, or file something substantial like a Form E, you could write to the court requesting that a penal notice be attached to the directions order.

Which Directions haven't they complied with?

It's a family case (schedule 1 children act) that had been referred to a FDR. The directions were to file a chronology and a questionnaire regarding our form E's and his solicited decided to issue a position statement and stay the directions order without my consent or consulting the court.

bump!

His solicitor can't stay the order. Only the court can do that. The solicitor can ask the court to do it, but the court will want to know whether you agree before deciding on it.

He doesn't have to do a questionnaire if he doesn't want to; it's an opportunity to ask for missing information, so if you have provided all the info, that's fine.

The chronology is just there to help the judge, it's not actually a big deal if he doesn't do one, but you can point to it as an example of not doing things properly if you want to take that line.

I had the other party not comply with a direction but a warning was then issued to them to supply form x by such and such a date or they would be barred. They didn't do this so I'm waiting to hear further from the judge.
Did your directions not state what would happen if there was non-compliance ?

they often don't state anything in family cases, tabbyginger; it's different in civil cases.

Oh,ok.

Hi slumberjac,

Deadlines often are missed in ancillary relief. In reality there isn't any reprimand for it but negative inferences can be drawn.

In light of your situation (and you don't mention if you're represented or not) I would contact the court and see if they have carried our your ex's request. This could be the other side bluffing. I would absolutely respond to the other side's solicitors and forward a copy of your response (together with their correspondence) to the court so that they are aware of the situation without your consent (and presumably knowledge).

I also presume that those directions applied to you as well so I would ensure that you comply with that order and on time.

I am not represented and am due in court tomorrow. He hasn't filed his chronology or a questionnaire which I understand is his missed opportunity. The issue is that he hasn't responded to my questionnaire or provided any of the requested documents, despite the court amending the directions order extending the dates and giving him more time. So that's two orders he hasn't complied with. I have complied with every direction the court has ordered so will see what tomorrow brings!