In Re X v Y [2008] EWHC 2058 (Fam): Practice Direction Documents and Bundles
Practitioners should be aware of the judgment given in this case by Munby J on 22nd August 2008.
The judgment concerns Munby J’s frustrations at continued presentation of late, inaccurate or incomplete bundles in breach of the President’s Practice Direction: Court Bundles (Universal Practice to be Applied in All Courts other than the Family Proceedings Court) [2006] 2 FLR 199.
His Lordship reiterates the sanctions available for failure to comply with the Practice Direction, including wasted costs orders or adjournments, and also a further possible sanction of openly “naming and shaming” offenders.
The writer understands that County Court judges across the country have been made aware of the judgment, which may lead to greater insistence upon full compliance with the Practice Direction and less reluctance than previously to impose stern sanctions.
Those who wish to read the full judgment can access a copy through the following link: http://www.familylawweek.co.uk/site.aspx?i=ed25489