Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
Judiciary continues to clamp-down on non-compliance
© Copyright LexisNexis 2024. All rights reserved.
Recent cases have shown an increasing dissatisfaction amongst the judiciary with non-compliance with court orders. The President of the family division Sir James Munby has been particularly vocal in his concerns about non-compliance. In
Re W (Adoption Order: Leave to Oppose); Re H (Adoption Order: Application for Permission for Leave to Oppose) [2013] EWCA Civ 1177
[2014] 1 FLR 1266 the President stated that failures of parties in proceedings to comply with orders was'
…unhappily symptomatic of a deeply rooted culture in the family courts which however long established will no longer be tolerated'. This reinforced the earlier position of Lord Justice Ryder in
Re W (Care Proceedings: Functions of Court and Local Authority) [2013] EWCA Civ 1227
[2014] 2 FLR 431 and was followed by later decisions such as that of Mr Justice Keehan in
A Local Authority v DG and Others [2014] EWHC 63 (Fam)
[2014] 2 FLR 713 of Mrs Justice Theis in
Kent County Council v C G and A [2014] EWHC 604...
Read the full article here.
