Application to strike out evidence/statement - Family Court

[Pebbledashery]

Hi all -
Following on from my other thread, has anyone had experience of an application to strike out a statement/evidence in the family court due to abuse of process/ignoring of directions?
How likely is it the Court will order a statement to be struck out that is yet to be submitted 10 days past the deadline.
For background, the other side has had TWO of my statements struck out during hearings for claiming abuse of process and going above and beyond what was alleged.
Thanks

Anyone?...

Late statement is not going to be a problem if there is still time to do everything else. I'm a family lawyer and you have had more experience of applications to strike out statements than I've had in 30 years.

Well it's more so the fact that there was a deadline and it's been ignored and it's impacted another deadline.
Saying that @Collaborate my Solicitor has told me we need to hold off on the application to strike out because of some Supreme Court ruling.. so she's sending another letter to the other side.
If your legal bill wasn't paid @Collaborate would you just not respond to any further emails or letters from the other side?? - would you at least say you weren't acting for that individual any longer? that is what I think has happened.

they can't refuse to respond indefinitely.

@Collaborate everything that's being sent is being ignored...

At that stage I’d skip the solicitor and write to the client direct.

@Collaborate are you allowed to do that though if he's seemingly represented?
My Solicitor said she's sending his solicitor a 48 hour letter and if she hears nothing she will approach my ex directly.

[quote Pebbledashery]@Collaborate are you allowed to do that though if he's seemingly represented?
My Solicitor said she's sending his solicitor a 48 hour letter and if she hears nothing she will approach my ex directly.[/quote]
That is literally what your solicitor is about to do.

@Collaborate I guess you and her know better than me from that perspective!
Is this delay tactic common in children's proceedings? I've expressed that I am not happy about him having taken sight of my statement and been able to manipulate the contents of his statement based on what I have said.

I'm not a legal expert but have experienced this in your situation. I had it included in the interim orders that all future statements were sent by email at X time, not by X time. Judges are well used to these things being late though.

@beelola
Did you manage to get a statement struck out within your experience in the family court?
thank you for replying x

@Collaborate Hi Collaborate, can I ask you a question if poss?
We have received a correspondence to say his statement hasn't been submitted yet as he's been injured........... my Solicitor used to work in clin neg and said that she had clients with cancer and legs and arms amputated and they didn't struggle to meet deadlines and also give instructions, they also haven't bothered to notify the Court their statement is late. During this time as well he's also attended the interim contact and has been absolutely fine....
I would think this is because they want to give me minimal time to respond and for me to also be late.
IS this something they could get a b*llocking for at our next hearing (which will be fact finding hearing) or is it likely it won't even be taken into consideration? is this a common tactic?
My Solicitor and I aren't buying it at all, what type of injury prevents you from picking up the phone to give instructions.