AB v CD (Financial Remedies: Failure to exchange witness statements) [2025] EWFC 253 (B) (28 July 2025)
Relief from sanctions was refused because the application was not made promptly, the failure to comply was intentional, there was no good explanation for the failure, the Applicant was responsible for the default, and the late service prejudiced the Respondent and undermined the fairness of the process.
- Citation
- [2025] EWFC 253 (B)
- Parties
- Applicant: AB; Respondent: CD
- Jurisdiction
- England and Wales
- Judgment Date
- 28 July 2025
- Procedural Posture
- Financial Remedy Proceedings / Application for Relief From Sanctions at Final Hearing
- Outcome
- Application for relief from sanctions refused
- Legal Topics
- Financial Remedies, Relief From Sanctions, Non Compliance With Court Orders, Witness Statements
Case Brief
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Parties
AB
Applicant
CD
Respondent
Procedural Posture
Financial Remedy Proceedings / Application for Relief From Sanctions at Final Hearing
Legal Issues
- 1 Whether the Applicant should be granted relief from sanctions for late filing and service of her witness statement
Ratio Decidendi
Relief from sanctions was refused because the application was not made promptly, the failure to comply was intentional, there was no good explanation for the failure, the Applicant was responsible for the default, and the late service prejudiced the Respondent and undermined the fairness of the process.
Court Disposition
Application for relief from sanctions refused
Orders
- Applicant is not permitted to rely on her late witness statement or call oral evidence without the court's permission
Full Case Text
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